TERMS AND CONDITIONS
HallofTrees.com Terms of Use
Welcome to Hall of Trees! The following applies to your use of our online auction (collectively, the "Service"). Please read these Terms and indicate your acceptance by following the instructions below. If you do not agree to be bound by these Terms, do not access www.halloftrees.com (the "Site") or use the Services.
The following describes the terms of our relationship:
1. Bidding and PaymentIf you intend to buy an item offered, you agree that you are obligated to complete the transaction with the seller (unless the transaction violates the law or these Terms) if you are the highest bidder for an item at the end of an auction and your bid is accepted by the seller. Payment will be due promptly 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 international shipping or international delivery charges. Buyers cannot retract their bids. Anyone registering to bid in the auction must be at least 18 years of age (or in the case of an item involving alcoholic beverages, at least 21 years of age). By registering, you are confirming that you are at least 18 years old (or in the case of an item involving alcoholic beverages, at least 21 years of age). Winning bidders will be required to present identification establishing these minimum age limits are met.
2. Privacy and Keeping Information ConfidentialBecause the privacy of your personal information is very important to us, we will not disclose to third parties any identifying personal information gathered from you unless (a) we tell you how your information will be used and you give us specific permission to share this information, or (b) we are required to disclose such information by any applicable law or legal process (like a subpoena or court order).
By accepting these Terms, you acknowledge that you have read and understood our Privacy Statement. We may change our Privacy Statement at any time upon notice to our users.
3. CommunicationsBy accepting these Terms, you agree that we may send communications to you about the Service, the Site and Gaylord Entertainment. These communications may include e-mail updates, alerts and other information relating to the Service and Gaylord Entertainment. If, at any point you no longer wish to receive communications from us, you may send an e-mail to
oprylandhalloftrees@gaylordhotels.com.
4. TaxesIf there are taxes, other governmental charges or any other fees associated with your purchase (you should consult your tax adviser on this issue), these will be your responsibility to pay.
5. RequirementsThe Service and the Site are available only to users who are 18 years of age or older; if you are under the age of 18, you can use the Service and/or the Site only under the supervision of your parent or guardian. You are responsible for complying with all applicable requirements, and as such, you agree to reimburse us for any costs or damages which you may incur relating to these requirements or otherwise arising from your noncompliance with these requirements.
6. Our RoleOur role is to facilitate this online fundraising event. We have no control over the 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.
7. SecurityPlease notify our webmaster at
oprylandhalloftrees@gaylordhotels.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.
8. TerminationEither party may terminate these Terms if the other party violates these Terms in any important way.
9. Right to Use the Site and ServiceAs long as you comply with these Terms, we give you the right to use the Site and the Service to bid on items on the online auction. 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 Service or disclose or provide access to the Service to anyone else. You agree not to remove or modify any of our copyright and other proprietary notices included with the Service.
10. Events Outside of One's ControlEach of us acknowledges that events may happen outside of one´s control (such as wars, riots, labor strikes, natural disasters, the infrastructure of the Internet or any law, regulation or other act or order of a court or government agency), and that neither party should be responsible if it cannot meet its obligations as a result of such an event.
11. Changes to these Terms of UseWe reserve the right to change these Terms at any time upon notice to users. Your continued use of the Service following a change notice shall be deemed to be acceptance of any such modification. If you do not agree to any modification of these Terms, you must immediately stop accessing the site and using the Service.
12. Legal DisclaimerNEITHER 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. OUR 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.
Because some states do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, our liability is limited to the greatest extent permitted by law.
13. Other Legal ItemsThe laws of Tennessee will apply to these Terms. The parties agree to resolve any dispute through binding arbitration to be held in Nashville, Tennessee under the rules of the American Arbitration Association. Notices delivered under these Terms must be delivered in writing and will be effective when received. These Terms are the complete statement of our understanding regarding these matters, and no other document or discussion will apply. You agree that these Terms are personal to you and may not be transferred to anyone else without our prior written consent. You agree to indemnify and defend us from and against all claims, losses, expenses, damages, liabilities and costs, including reasonable attorneys' fees (collectively, "Losses"), resulting from (a) any violation of these Terms and (b) any activity (including negligent or wrongful conduct) by you in connection with your use of the Service or the Site. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.
As with any technology, you agree not to export the Service to any country for which an export license or other governmental approval is required (including allowing anyone outside of the U.S. to access the Service remotely) without first obtaining such license or approval. The relevant terms and conditions above will survive termination of these Terms.