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Welcome
Cat Design
Social Calendar
Cats, Artists, and Sponsors
Feline Finale - Concert and Auction
Bid on a Stray
Cat
Benefiting the New Shelter
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User Agreement and Privacy
Policy
Conditions of Sale
Shipping
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User Agreement and Privacy
Policy
By using the Friends For the Dearborn Animal Shelter on-line bid
submission service ("the Service"), the User agrees to the following
Terms and Conditions:
1.
Friends For the Dearborn Animal Shelter
requires the User to provide his or her full name, full address, phone
number and email address. The User represents and warrants that all
information provided is true and accurate.
2.
Users
must be of legal age with the ability to enter into binding contracts
for the sale and purchase of goods. The User represents and warrants
that he or she is at least 18 years of age.
3.
If the
User conducts transactions with Friends For the Dearborn Animal
Shelter, Friends For the Dearborn Animal Shelter may track any such
transactions. If the User sends personal correspondence, including but
not limited to emails or letters, or if other Users or third parties
send correspondence about the User's activities or postings on the site,
such information may be collected into a file specific to each User.
4.
All
information collected as referenced in paragraphs 1 and 3 above is
referred to in this Agreement as "Personal Information."
5.
Friends For the Dearborn Animal Shelter
will not purposefully disclose any information that could be used to
personally identify any User. However, Friends For the Dearborn
Animal Shelter may aggregate information and disclose such
information in aggregate to advertisers and for other marketing and
promotional purposes. In any event, because of changing regulatory
requirements, Friends For the Dearborn Animal Shelter does not
warrant that Personal Information will remain private.
6.
The User
expressly consents to the use and disclosure of all Personal Information
for the purposes of cooperating with law enforcement and enforcing
intellectual property rights and other controlling legal rights.
Further, Users hereby authorize Friends For the Dearborn Animal
Shelter to disclose any Personal Information, however obtained,
about any User to law enforcement or other government officials, as
either Friends For the Dearborn Animal Shelter, in its sole and
unrestricted discretion, believes necessary or appropriate to comply
with the law.
7.
Friends For the Dearborn Animal Shelter
may use Personal Information to improve the layout andcontent and
offerings of the Service. Friends For the Dearborn Animal Shelter
may use Personal Information to inform Users of changes and new
offerings. For example, Friends For the Dearborn Animal Shelter may
use email addresses, mailing addresses or phone numbers to contact Users
regarding account and invoicing issues.
8.
Friends For the Dearborn Animal Shelter may
use a User's Personal Information and activity to resolve disputes,
troubleshoot problems and enforce any contract with Friends For the
Dearborn Animal Shelter.
9.
DISCLAIMER OF WARRANTIES: THE SERVICE IS BEING PROVIDED BY Friends
For the Dearborn Animal Shelter AT THE SOLE RISK OF THE USER.
NEITHER Friends For the Dearborn Animal Shelter OR THEIR
INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE
SYSTEM WILL BE UNINTERRUPTED OR THAT THE INFORMATION OR ACCESS WILL BE
ERROR-FREE; NOR DOES Friends For the Dearborn Animal Shelter OR
ANY OF THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE
ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR
THE PRODUCTS OFFERED THROUGH THE SERVICE AND DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE, EXPRESSED OR IMPLIED ON THE USE
OF THE SERVICE OR THE PRODUCTS OFFERED THROUGH THE SERVICE, OTHER THAN
THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION.
10.
LIMITATION OF LIABILITY: NEITHER Friends For the Dearborn Animal
Shelter NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR
DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF
USE OF THE SERVICE, THE INABILITY TO USE THE SERVICE, THE USE OF THE
PRODUCTS SOLD THROUGH THE SERVICE, OR THE INABILITY TO USE THE PRODUCTS
SOLD THROUGH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, LOSS OF
PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF
PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE
PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF Friends For the
Dearborn Animal Shelter AND THEIR SERVICE PROVIDERS, INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES AND AGENTS AND EACH SHALL HAVE THE RIGHT
TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE
PROVISIONS OF THIS PARAGRAPH AND PARAGRAPH 10 SURVIVE ANY TERMINATION OF
THIS AGREEMENT
11.
Friends For the Dearborn Animal Shelter does
not warrant the content or the context of the listings. This includes,
but is not limited to, mistakes and typographical errors. Furthermore,
Friends For the Dearborn Animal Shelter does not warrant the
quality, safety or legality of the products or services listed on the
Service.
12.
Friends For the Dearborn Animal Shelter may
delete information without notice, at its sole discretion.
13.
Friends For the Dearborn Animal Shelter does
not warrant that it will notice or prevent any inappropriate use of the
Service.
14.
Contents
of the Service are the exclusive property of Friends For the Dearborn
Animal Shelter and may not be reproduced in any form without prior
written consent of Friends For the Dearborn Animal Shelter .
Friends For the Dearborn Animal Shelter and the Stray Cat Strut
logo are trademarks of Friends For the Dearborn Animal Shelter and
may not be used without its prior written consent.
15.
Friends For the Dearborn Animal Shelter reserves
the right to refuse service to anyone at any time, the right to cancel
any listing at any time, and the right to cancel any bid at any time at
its sole discretion and without notice.
16.
Each
User warrants that his or her information (or any items listed therein):
(a) shall not be false, inaccurate or misleading; (b) shall not be
fraudulent or involve the sale of counterfeit or stolen items; (c) shall
not infringe any copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (d) shall not
violate any law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (e) shall not be
defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; (f) shall not be obscene or contain child pornography; (g)
shall not contain any viruses, Trojan horses, worms, mailbombs, time
bombs, cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; (h)
shall not create liability for Friends For the Dearborn Animal
Shelter or cause Friends For the Dearborn Animal Shelter to
lose (in whole or in part) the services of ISPs or other suppliers; (i)
shall not include any hypertext links, linked images, redirects, Java or
JavaScript code, or any other element that enables the user to connect
to any other Web site, ftp site, or newsgroup; and (j) shall not include
descriptions of goods or services that: (1) are prohibited under this
Agreement; or (2) Users do not have a right to include. Furthermore,
Users may not list any item on the Services (or consummate any
transaction that was initiated using the Services) that, by paying to
Friends For the Dearborn Animal Shelter the listing fee or the
final value fee, could cause Friends For the Dearborn Animal Shelter
to violate any applicable law, statute, ordinance or regulation.
17.
The laws
of the State of Michigan govern this Agreement. Users expressly agree
that exclusive jurisdiction for any claim or dispute resides in the
courts of the State of Michigan. Users further agree and expressly
consent to the exercise of personal jurisdiction in the State of
Michigan in connection with any dispute or claim involving Friends
For the Dearborn Animal Shelter .
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Auction Conditions of
Sale
When you bid in the
Stray Cat Strut Auction, online, through a sealed bid, or at the Feline
Finale, you agree to be bound by the following conditions, as may be amended
by our announcements or notices.
Exhibition of the
Stray Cats
We recommend that you review the Stray Cats and their Social Calendar
(to see where the Cats are on display and view the Cats at your own
convenience) online at www.dearborn-animals.com (“Website”) .
Condition of the
Stray Cats
Each Stray Cat and its galvanized "trash" cans base is sold AS IS.
They have been carefully maintained during the summer exhibitions. However,
due to some handling or packing, some may show signs of wear. You should
examine the Stray Cat you intend to bid on to evaluate its condition.
We do not make any
representations or warranties of any kind or nature, expressed or implied,
with respect to the Stray Cats, including, without limitation,
implied warranties of merchantability or fitness for a particular purpose.
In no event will Friends For the Dearborn Animal Shelter be
responsible for the correctness of the Website and Service, or any notices
or descriptions of the Stray Cats. Friends For the Dearborn Animal
Shelter will not be deemed to have made any representation or warranty
of physical condition, rarity, importance, genuineness, attribution,
authenticity, provenance or historical relevance of a Stray Cat. No
statement on the Website or made at a Feline Finale, in any bill of sale or
elsewhere shall be deemed such representation or warranty or any assumption
of liability.
Payment
Your successful bid indicates that you will assume the risk and
responsibility for the Stray Cat that you purchased, that you will sign a
bill of sale, and that you will pay the full purchase price.
If you are the
successful bidder at the Feline Finale, please proceed to the payment tables
in the auction hall. There, you will be provided with a bill of sale for the
Stray Cat, which we will show you how to complete.
Your credit card charge
will appear as “Friends For the Dearborn Animal Shelter.” on your
credit card statement. A $30 fee will apply to e-checks, wire transfers, or
credit cards that are returned due to insufficient funds.
Pickup/Shipment
We will release the Stray Cat and its base to you when we confirm
that you have paid in full. Unless you have made other arrangements with us,
you must pick up the Stray Cat and its base from TBD at your expense by
close of business on Friday, September 23, 2005.
If you don’t pick up
the Stray Cat or arrange for shipping by this date, we will retain
the Stray Cat and charge you a handling and storage fee, per Stray
Cat per day, until you pick up the Stray Cat. We may also cancel
the sale, retain the bid price received, resell the Stray Cat with
three days prior notice to you, and/or charge you for incidental damages.
Shipment
For locations outside the Detroit metro area, we will ship the Stray Cats
using UPS Ground services.
Proceeds
The proceeds of the sale of the Stray Cats will benefit Friends
For the Dearborn Animal Shelter NEW Greater-Dearborn Animal Adoption and
Education Center and the operation of the Friends For the Dearborn Animal
Shelter. Because the value of art is subjective we specifically disclaim
any representations about the tax deductibility of your purchase price, and
encourage you to consult with your tax advisor.
Intellectual
Property
Friends For the Dearborn Animal Shelter is the sole owner of the
Stray Cats, the Website and the Service, and all related intellectual
property rights, including without limitation all designs and copyrights in
the Stray Cats (“Copyrights”), and all trademarks and service marks
related to the Friends For the Dearborn Animal Shelter, The Stray
Cat Strut and . Nothing in the Feline Finale, Website Auction or the
Bill of Sale, constitutes a license, assignment or transfer of any rights or
license of any kind, expressed or implied, to reproduce, commercially or
non-commercially in any medium, the intellectual property rights of the
Friends For the Dearborn Animal Shelter, except as specifically provided
through the prior written consent of Friends For the Dearborn Animal
Shelter .
Shipping, Dimensions, and Weight for Stray Cats
Shipping Costs:
We will be using UPS
Ground to ship the Stray Cats if shipment is required. We encourage
all local (Dearborn / Detroit MI) purchasers to pick up their Cats in
person if possible or to arrange with Friends For the Dearborn Animal
Shelter for delivery. The Cats will be insured for the purchase
price and packed to the best of our ability. However, damage may occur
during the shipment process. Friends For the Dearborn Animal Shelter will
not be responsible for damage to the Cats after they leave our
building. Shipping and handling price will need to be determined based on
location and the Cat purchased.
Dimensions and
Weight:
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Most Cats with their bases weigh approximately
30 pounds (25 without the base), if they are mosaic, or have added
elements, that figure will vary.
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The Cats are approximately 5' tall (including
base), 2' wide (including base) and 5' long (Cat extends beyond base in
this direction).
Place
a sealed bid on a Stray Cat
(only through September 10, then bid at the
Feline Finale)
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Stray Cats and Their
Current Bids
1. 2005
Sport Cat GT - Sold
2. A
Fairy Nice Cat - $500
3. Bertie
Duke of Windsor -
eBay
4. Brian
Catzpurr Orchestra
So Hot / So Cool - $499
5. Buttons
- $499
6.
Cat
Ba’lue - $499
7. Cat
Chow - Sold
8. Cat
Fish - Sold
9. Catshepsut,
Caterinarian of the Nile - $500
10.
Fantastic Feline - $499
11. Felis
Stellaris - $499
12. Garden
Cat - Sold
13. Hot
Mews !! - $499
14. Internal
Specialist, DVM - $499
15. Jeweled
Jellicle - $499
16. Jungle
Cat - $499
17. Kiddie
Kat - $499
18. Kitty
Cat-tle - $499
19. Klimt
Cat - $499
20. Loved
- Sold
21. Miss
Suchi - $499
22. Mosaic
Kitty - $499
23. Opticat
- $499
24. Pigskin
-
eBay
25. Play
Ball -
eBay
26. Presidential
Puss - $499
27. Purr-Snickety
- $499
28. Strapping
Meerkat with Heart on Sleeve - $499
29. True
Grip - $499
30. Tuxedo
Cat About Town - $500
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