Terms and Conditions
Effective Date: September 1, 2024
Welcome to Platform Solutions LLC (“we,” “our,” “us”). These Terms and Conditions (“Terms”) govern your access to and use of our online fundraising platform or microsites, including any content, functionality, and services offered by Platform Solutions LLC (the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.
1. Acceptance of Terms By accessing or using the Platform, you confirm that you are at least 18 years old or have the legal capacity to enter into these Terms. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind the organization to these Terms.
2. Use of the Platform
● Account Registration: To create or donate to a fundraiser, you may be required to register an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
● Fundraising Campaigns: You may create fundraisers for lawful purposes in compliance with these Terms. You are solely responsible for the content of your fundraiser and ensuring that it complies with all applicable laws and regulations.
● Donations: Donations made on the Platform are voluntary and non-refundable, except in cases of fraud or other exceptional circumstances as determined by Platform Solutions LLC.
● Prohibited Conduct: You agree not to engage in any conduct that is unlawful, fraudulent, or harmful to others, including but not limited to:
○ Misrepresenting your identity or the purpose of a fundraiser.
○ Using the Platform to promote illegal activities.
○ Engaging in harassment, abuse, or other disruptive behavior.
○ Attempting to interfere with the operation of the Platform or its security.
3. Fees and Payments
● Platform Fees: Platform Solutions LLC may charge fees for using certain features of the Platform. Any applicable fees will be clearly disclosed at the time of the transaction.
● Payment Processing: Payments are processed by third-party payment processors. By using the Platform, you agree to comply with the terms and conditions of these payment processors.
4. Intellectual Property
● Ownership: All content, trademarks, service marks, logos, and other intellectual property on the Platform are the property of Platform Solutions LLC or its licensors. You may not use, reproduce, or distribute any content from the Platform without our prior written consent.
● User Content: By submitting content to the Platform (e.g., fundraiser descriptions, photos), you grant Platform Solutions LLC a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with the operation of the Platform.
5. Privacy Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Platform, you consent to our use of your information as outlined in the Privacy Policy.
6. Indemnification and Limitation of Liability
● Indemnification: You agree to indemnify and hold Platform Solutions LLC, its parents, subsidiaries, officers, employees, and Website and Microsites contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to Your violation of these Terms.
● No Warranties: The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. Platform Solutions LLC does not warrant that the Platform will be uninterrupted, error-free, or secure. TO THE FULLEST EXTENT ALLOWABLE BY LAW, PLATFORM SOLUTIONS LLC SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE AND MICROSITES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY OR ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
● Limitation of Liability: To the maximum extent permitted by law, Platform Solutions LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising out of or related to your use of the Platform, even if we have been advised of the possibility of such damages, whether in action, under contract, negligence, or any other theory, arising out of or in any way connected with the use, inability to use or performance of the website.
● Indemnification: You agree to indemnify, defend, and hold harmless Platform Solutions LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising out of your use of the Platform or your violation of these Terms.
7. Consent to Receive Text Messages
By supplying your mobile device number to the Website or any of the Microsites, you agree to receive text messages about the event for which you are registering, as well as information regarding the auction and the status of your bids from Platform Solutions LLC. Agreement to receive this information is not required to register for an event or place a bid at an auction.
8. Auction Terms and Conditions
1. All auctions are open only to people aged 18 or over, who unconditionally agree to be bound by the jurisdiction of the US courts.
2. By registering to an auction you agree to be bound by the event terms and conditions. Personal information will be treated in accordance with our Privacy Policy which is incorporated by reference in its entirety in these Terms.
3. All bids are final and binding. If a bid is received in error then the promoter CAN remove the bid, BEFORE THE CLOSURE OF THE AUCTION, for you at their discretion.
4. Bids must be in US Dollars; and be received by the promoter by the time indicated at the event by the promoter. All winning bids must be above the reserve price for the item or at the discretion of the promoter.
5. Successful bidders will be notified within seven days of the closing date of the auction.
6. Late, incomplete, unreceived bids, and bids below the reserve for the lot being bid for, will not be accepted.
7. The successful bid for any one lot being bid for will be the highest bid received by the closing date. In the event that two or more bids equal the highest bid, the lot shall be awarded to the bid received first.
8. Successful bidders must remit their payment for the relevant lot directly to the promoter.
9. In the event of the promoter being unable to contact a winning bidder within seven days of the closing of the auction, or of the payment not being received within 21 days of a winning bidder being notified, the promoter reserves the right to award the lot to the next highest bidder. Should there be two or more bids equaling the next highest bid, the lot shall be awarded in accordance with condition 7, above. The promoter reserves the right to carry on awarding the lot to the next highest bidder until the reserve is reached.
10. If, for any reason, the promoter is unable to award a lot, the promoter reserves the right to withdraw the lot from the auction.
11. The lots as described are available on the date of publication and are subject to availability.
12. Lots are not transferable and there are no cash alternatives. It is the responsibility of the successful bidder to make sure they have a valid passport and travel insurance and to obtain any necessary vaccinations and visas for their trip.
13. All lot descriptions are provided by the promoter and as such Platform Solutions LLC take no responsibility whatsoever for the accuracy of descriptions. It is the responsibility of the bidder to check with the promoter any details or descriptions of any lot.
14. The promoter reserves the right to change, alter or remove any description or lot from the auction at any time.
15. Events may occur that render an auction itself impossible due to reasons beyond the promoter’s control. Accordingly, the promoter may, at its absolute discretion, vary or amend the auction and the entrant agrees that no liability shall attach to the promoter as a result thereof.
16. The promoter will run the auction in a fair and consistent manner, however – for the avoidance of doubt, the promoter’s decision is final and for any bid to be counted must be received by the promoter before the close of the auction. It is the responsibility of the bidder to ensure their bid is received.
9. California Law - Penal Code section 320.5, subdivision (m) Contest - No Purchase Necessary
Platform Solutions LLC may offer an online contest platform where there is a chance to win a prize or something of value. Below are the rules to comply with the California State Law Penal Code section 320.5, subdivision (m)
*Free entries will be offered to all participants on the same terms and conditions as entries for which payment is made. (For example, if 100 is the maximum number of entries that may be purchased with a single entry form, 100 entries to win must also be made available for free with a single entry form.)
*It is no more difficult for a participant to enter for free than to enter in connection with a payment.
*There is no advantage toward winning any prize, experience, or thing of value to any participant in connection with a payment. Everyone has an equal chance of winning.
*The free entry area is clearly visible on the purchase area of the site.
10. Links
Platform Solutions LLC has not reviewed all of the sites linked to the Website or Microsites and is not responsible for the content or privacy policies of any third party sites. Any links to third party sites are provided solely for Your convenience. Platform Solutions LLC does not endorse or otherwise recommend any third party sites or the products or services offered. Viewing all other sites is at Your own risk. Links to the Website or Microsites are or could be operated by third parties other than Platform Solutions LLC. You acknowledge that certain information regarding it may be transmitted to said third parties and authorizes said third parties to use such information in the manner reasonably necessary to provide services to Platform Solutions LLC or for Platform Solutions LLC business purposes. You acknowledge that the transmittal of information does not necessarily occur over secured lines and that certain sites linked to the Website or Microsites may not be secure.
11. Termination
● Termination by You: You may terminate your account at any time by following the instructions provided on the Platform.
● Termination by Us: We reserve the right to suspend or terminate your access to the Platform at any time, with or without cause, and without notice.
12. Governing Law and Dispute Resolution
● Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of Wyoming in which Platform Solutions LLC is headquartered, without regard to its conflict of law principles.
● Dispute Resolution: Any disputes arising out of or related to these Terms or the Platform shall be resolved through binding arbitration conducted in Wyoming.
13. Changes to Terms We may update these Terms from time to time. We will notify you of any significant changes by posting the updated Terms on the Platform and updating the effective date. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.
14. Contact Us If you have any questions or concerns about these Terms or your use of the Platform, please contact us at:
Platform Solutions LLC
1309 Coffeen Avenue
Suite 1200
Sheridan, WY 82801