The items described in this catalog listing on this site [bioparksociety.org] (the “Site”) are offered for sale to be sold by means of an auction (the “auction”) by the New Mexico BioPark Society (“NMBPS”). The following auction Terms and Conditions (“auction Terms”), as may be amended by notices posted on this Site during the auction, and the Terms of Use and Privacy Policy of NMBPS, which are both incorporated herein by reference, govern the auction.

    1. The auction begins on October 3, 2011 at 6:00 PM MST and ends on October 13, 2011 at 6:00 PM MST. Participants should read the auction listing descriptions and familiarize themselves with the terms, conditions and restrictions pertaining to each auction item offered by the auction item donors before placing bids on particular auction items. Winning bidders will be notified by e-mail of their successful bid where after the winners will be notified either by e-mail or phone to make payment arrangements. NMBPS will accept Visa, Mastercard, cash or check.  (Sorry, no American Express or Discover) Upon payment notification, winning bidders will have 14 days to pay for their purchase.  Payment and item pick-up is available at NMBPS office located at 1320 Iron SW (14^th St. & Iron) Monday-Friday, 9am-5pm.  Bids for auction items do not include the cost of shipping. Auction items can be shipped to an address instructed by the winning participant, but all associated shipping charges are the responsibility of the winner. Unless otherwise stated in the auction listing, all travel expenses, meals, insurance or other items required in connection with the auction items are at the winning participant’s expense.

    2.  Participants must be 18 years of age or older to bid on or otherwise participate in the auction.

    3.  THE AUCTION LISTING AND ALL ITEMS ARE OFFERED AND SOLD “AS IS”. NMBPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE AUCTION LISTING AND AUCTION ITEMS, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE AUCTION LISTINGS AND AUCTION ITEMS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY.

    4.  All bids placed are binding agreements to purchase the applicable auction item at the full amount bid by the participant for such auction item in accordance with these auction Terms. All bids must be submitted by means of the Site. Participants are not permitted to withdraw bids. NMBPS reserves the right to reject a bid from any participant for any reason. The highest bidder as determined by NMBPS shall be deemed the winning participant. Participants submitting the highest value bid who does not pay for an auction item in full within (14) days from payment notification, NMBPS will award the item to the next highest bidder.

    5.  Participants agree to abide by the decisions of NMBPS, and all decisions of NMBPS with regard to the auction are final and binding in all respects.

    6.  NMBPS may withdraw any auction item at any time for any reason before the close of the auction for a particular auction item. Unless otherwise announced by NMBPS at the opening of the auction for a particular item, all bids are per lot as numbered.

    7.  The purchase price of each auction item represents the value of the auction item purchased and is not a tax-deductible contribution to NMBPS by the participant, except to the extent the amount of the purchase price exceeds fair market value of the auction item.

    8.  By participating in this auction, you agree to be bound by these auction Terms. NMBPS reserves the right at its discretion to disqualify any individual it finds to be tampering with the bidding process or the operation of the Site, to be acting in violation of the auction Terms or to be acting in a disruptive manner or with the intent to annoy, abuse or threaten or harass any other person. NMBPS RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AGAINST ANY PARTICIPANT OR ANY OTHER INDIVIDUAL WHO ATTEMPTS TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE AUCTION. By participating in this auction, participants agree that NMBPS, its shareholders, agents and representatives, affiliates, and subsidiaries are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet, transportation, shipping, or any technical, computer malfunctions, failures, or difficulties, or human error, of any kind; (ii) any condition caused by events beyond the control of NMBPS that may cause the auction to be disrupted or corrupted; (iii) any errors or incorrect information contained in any materials associated with the auction, including the auction listing; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participating in the auction, purchase, possession or use of any item, including without limitation, personal injury, death, and property damage, and claims based on breach of warranty, misrepresentation, defamation, or invasion of privacy. NMBPS reserves the right in its sole discretion, to suspend or cancel the auction at any time if a computer virus, bug, or other technical or procedural problem impairs or corrupts the administration, security or proper conduct of the auction.

    9.  These auction Terms are governed by and interpreted in accordance with the laws of the New Mexico, without giving effect to principles of conflicts of law. By submitting a bid, each participant shall be deemed to have consented to the sole and exclusive jurisdiction of the state and federal courts sitting in the State of New Mexico.

    10.  All auction items must be redeemed by the winning participant within one year from the close of the auction, unless otherwise indicated.