FanAuctions Terms of Use

Effective as of Aug 31, 2021.

 ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE AGREEMENT OR THE PROPERTIES, PLEASE CONTACT FAN SERVICES TOLL FREE AT 1-877-833-7397, 24 HOURS A DAY, 7 DAYS A WEEK (OR 1-904-685-7583 OUTSIDE THE UNITED STATES) OR VIA OUR CONTACT US PAGE.

PLEASE READ THESE AUCTION TERMS OF USE CAREFULLY. NOTICE REGARDING DISPUTE RESOLUTION.  THESE TERMS CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE ONLINE STORE WILL BE RESOLVED. FOR EXAMPLE, SECTION 10 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.  

Warranty Disclaimers and liability limitations. While there are significant points throughout these Terms, please note Section 8 and 9 contain important limitations on our liability. 

The following terms of use (the "Auction Terms of Use") contain additional terms and conditions applicable to you and your access to and use of the auction features with respect to auctions run on the site, www. fanaticsauctions.com (the “Auction”), including any mobile version (collectively, the "Website"), and any mobile application relating to the Website (the "App"), if applicable, in each case regardless of how accessed (collectively, the Website and the App are referred to as the "Properties"). The Properties are owned and operated by SportsMem LLC (“SportsMem,” ”us,” or “we”). Your use of the Properties (and any other feature, content or application offered by the Properties), including participation in the Auction, is at all times subject to SportsMem’s general Terms of Service (which are incorporated herein and are in addition to, and not in lieu of, these Auction Terms of Use).  In the event of any conflict between these Auction Terms of Use and SportsMem’s general Terms of Service, these Auction Terms of Use shall control.

1. Acceptance of Auction Terms of Use.BY ACCESSING AND USING THE PROPERTIES, REGISTERING OR PLACING A BID IN THE AUCTION, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE AUCTION TERMS OF USE. If you do not agree to be bound by these Auction Terms of Use, you may not place a bid in the Auction. These Auction Terms of Use may be changed, modified, or altered by us in our sole discretion at any time without prior notice. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Auction page, via e-mail or any other reasonable means. Continued participation by you in the Auction shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
2. Additional Auction Terms. IN ORDER TO PARTICIPATE IN THE AUCTION, YOU ARE REQUIRED TO AGREE TO ADDITIONAL TERMS AND CONDITIONS RELATING TO THE ITEM(S) BEING AUCTIONED SET FORTH HERE (THE “ADDITIONAL AUCTION TERMS”). By bidding in the Auction you agree to the Additional Auction Terms. We reserve the right to limit, change, cancel, or relist any Auctions, without prior notice, even after bids have been submitted. As between you and SportsMem, in the event of any conflict between these Auction Terms of Use, and the Additional Terms (available HERE), the terms shall control in the following order: Additional Terms and these Auction Terms of Use.
3. Eligibility. In order to participate in the Auction you must be 18 years of age or older or the age of majority in your jurisdiction, whichever is greater.
4. Special Bidding Rules. You are required to enter a valid credit card number to place a bid for any item. Your credit card will not be charged unless you are the winning bidder, however, we reserve the right to put an authorization or hold on the credit card for an amount reasonably related to the item on which you are bidding. When bidding in the Auction, you agree that, (a) you are making an irrevocable binding offer to purchase the item (which may only be retracted in limited circumstances set out below in Bid Cancellation or if otherwise permitted by law) and that if you are the winning bidder, that your bid is a legally binding contract to purchase the item except in certain limited circumstances set out below and we may charge your credit card at the time the Auction closes; (b) you are responsible for reading and understanding the full item listing and any Additional Terms that accompany the listing; (c) you will not take any actions that directly or indirectly manipulate the bid or the bidding process and that no shill bidding is permitted; (d) you will not bid on any item which violates any law, rule or regulation to which you are subject and that if you do so your bid is considered null and void. The winning bid will be the bid that is the highest dollar amount at the time the Auction closes. Auction closing times are approximate, and we reserve the right to close an Auction early or later (including, without limitation, if we receive a bid prior to closing time for any Auction) than the scheduled time or to cancel an auction in its entirety for any reason.
5. Bid Cancellation & Account Termination. Each bid is a legally binding offer and you may not cancel or retract your bid once placed. However, in the event (a) you accidently entered the wrong bid amount due to a typographical error (ex: decimal point in the wrong place) and you realize your error before bidding closes or (b) if the listing description materially changes after you have placed your bid, then in each case you may make a request to us to retract your bid. If this occurs, you must contact us immediately upon realization of your error or the material modification, and in all cases if your bid was placed within the last twelve (12) hours of the Auction, you must contact us within one (1) hour of placing the erroneous bid. We cannot guarantee that you will be able to retract your bid and any retraction is granted in our sole discretion.

In addition to any right or remedy that may be available to us under these Terms of Use or under applicable law, we may limit, suspend, or terminate your access to the Website (including, without limitation, your account registration), at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including your identity, to the proper authorities.

6. Products, Content and Specifications. In the event a product is listed at an incorrect price due to typographical error or with an error in pricing, availability or other information, we will have the right to cancel the Auction (and corresponding order), whether or not the order has been confirmed or you have been identified as the winning bidder and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and the Auction is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation.

The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. In addition, we may make changes to information about price, availability or other product or service attributes without notice. We also may require additional verifications or other information prior to the acceptance and/or fulfillment of any winning bid. Your receipt of any acknowledgement of a winning bid from us does not signify our acceptance of your bid, nor does it constitute confirmation of our offer to sell. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from any Auction. By placing a bid, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.

7. Indemnity.You agree to defend, indemnify and hold us, and each of our subsidiaries, affiliates, suppliers, and licensors and each of the their respective officers, agents, partners and employees (the "Indemnified Parties") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of an actual or alleged breach of these Auction Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein) and/or your activities or omissions in connection with the Auction.
8. DISCLAIMER OF WARRANTIES.TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE AUCTION TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE PROPERTIES; (B) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE PROPERTIES ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND; AND (C) THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE PROPERTIES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
9. LIMITATION ON LIABILITY.IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE PROPERTIES, YOUR INABILITY TO USE THE PROPERTIES, OR THE PRODUCTS AVAILABLE THROUGH THE PROPERTIES, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE CLAIM AT ISSUE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR TEN UNITED STATES DOLLARS.

10. Arbitration; No Class Action. PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use or accessing the Properties or Offers constitutes your acceptance of this Arbitration provision.
    
    As a condition of using the Properties, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Properties (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT.  ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.  Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
    
    You may seek arbitration of a Claim by contacting our registered agent at: Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by AAA's rules. The AAA's rules are available at: www.adr.orgor call 800-778-7879 (toll-free) for instructions on how to obtain a copy.  Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys' fees and costs associated with the arbitration.  You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware.  For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.
11. Governing Law. These Terms of Use and your use of the Properties will be governed by federal and Delaware law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Properties.
12. Messaging Terms & Conditions. If you choose to participate in our Messaging Terms & Conditions, by providing your mobile phone number and opting in, you agree to our Messaging Terms & Conditions found here.
13. Miscellaneous.We may give you notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Auction page or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Auction Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Auction Terms of Use are for convenience only and have no legal or contractual effect. These Auction Terms of Use are personal to you and may not be transferred or assigned. Our performance under these Auction Terms of Use is subject to existing laws and legal process, and nothing contained in these Auction Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Properties or information provided to or gathered by us with respect to such use. If any part of these Auction Terms of Use is deemed to be illegal, invalid, void or for any reason unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Auction Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable. These Auction Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein, constitute the entire understanding between you and us. For the avoidance of doubt, these Auction Terms of Use apply solely to the extent permitted by law.
14. Contact Information.  SportsMem, LLC 8100 Nations Way, Jacksonville, FL 32256.

Important Additional Terms Applicable to Auctions (“Auction Terms”)

Any person visiting the auction site (“you”), including those who register or bid in an auction, agrees to be bound by the following Additional Auction Terms, as well as our Privacy Policy and FanAuctions Terms of Use (which are incorporated herein).

The FanAuctions Terms of Use contain an arbitration provision and a class action waiver, as well as  warranty disclaimers and liability limitations, which are incorporated into these Additional Auction Terms and apply to your use of this auction site and the bidding and post-bidding process, and all other interactions with us regarding auctions.  By using the services, YOU AGREE TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

While there are significant points throughout these Additional Auction Terms, please note Section 14 and 15 contain important limitations on our liability.

1. We may set criteria for determining eligibility to visit the auction site, to register, to bid in an auction, or win an auction, each in our sole discretion. Without limiting the foregoing, we may require you to submit additional information (including as to ability to pay), or seek information about you from third party service providers, in order to participate or continue participating in an auction, or in order to participate in a purchased experience. For example, some donors of experiences may require successful completion of a background check before you may participate in a purchased experience and failure to complete or pass such a check may result in forfeiture of an item and/or rescission of the sale.
2. We may set or change minimum bids, bid increments, reserve prices, extended bidding periods, and other bidding terms in our sole discretion.
3. Some lots include in-person experiences or items to be provided or donated by third parties and, as such, are subject to availability and changes based on the third party’s schedule or other factors. Upon a schedule change or unavailability of an item or experience involving a third party, (including, without limitation, due to sickness, death or incapacity), we reserve the right to modify or cancel an auction, rescind a sale, or provide a replacement item, in each case in whole or in part, in our sole discretion.
4. All bids are made in “good faith.” By bidding on an item, you: (a) agree that you are making an irrevocable binding offer to purchase that, if accepted by us, will be a legally binding commitment to purchase the item except as may be determined by us, (b) represent and warrant to us that if your bid is deemed the winning bid, you will promptly submit payment in full and otherwise collaborate with us on the post-bidding process, including as to delivery, (c) will not take any action to manipulate the bidding process, including as to shill bidding, and (d) will not bid on any item that violates any law, rule, or regulation to which you are subject.
5. Auction close times are approximate. We reserve the right to close an auction earlier or later than the time initially specified or to suspend or cancel an auction in its entirety for any reason or no reason.
6. We are not responsible for any website or internet service delays, crashes, or outages, as further set forth in our Terms of Use. In our sole discretion, we may choose to extend any auction affected by such events or cancel such auction.
7. We reserve the right to rescind a sale or otherwise not deliver an item/ lot to a winning bidder in the event of delayed payment or non-payment, breach of these Additional Auction Terms or our Terms of Use, withdrawal of or failure to deliver a donated item/lot by the donor, failed background check, difficulties in collecting payment from or arranging for delivery to winners/ destinations outside the US, refusal to submit a required form (liability waiver, media release, eligibility affidavit, or otherwise), or any error or omission by us, a donor, or any other party. For example, we or a third party involved in an item or experience may require you and/or your guest to sign a liability waiver, confidentiality agreement, and/or publicity release in order to participate in an experience and failure to comply with such requirement may result in forfeiture of the item and/or rescission of the sale.
8. All sales are made only in exchange for cash in U.S. Dollars via payment methods we reasonably designate, to include one or more of the following: credit card payment, bank wire, cashier’s check, or money order.
9. We must receive payment in full (and/or a clearing period) before any item will be delivered. or experience may occur. Title shall not pass to you until such time.
10. Delivery method may vary by item type, location, and availability. Because of delays and difficulties sometimes outside of our control (e.g., COVID-19 restrictions), we cannot make any commitment as to the exact delivery method or timing of delivery.
11. Failure to submit payment within the time specified (or, if not specified, within 5 business days of the auction close) may result in us voiding the auction and/or assessing interest or a late fee on the unpaid amount, as well as charging you for the costs of re-auctioning the item. Failure to pay in full also may result in a collection action, in which case you shall pay any collection costs (including attorney’s fees).
12. Each winning bidder agrees to pay all applicable taxes and fees in addition to the winning bid amount including, without limitation, for import/export, if applicable.
13. Each winning bidder agrees to pay for shipping, handling, and delivery charges in addition to the winning bid amount, and to provide information and cooperation requested by us in order to make such delivery. In our discretion, we may require you to arrange for pick-up of an item. Risk of loss will transfer to the winning bidder upon transfer of the item to a common carrier or, in the case of pick-up, to you.
14. LIMITATION OF LIABILITY. IN ADDITION TO THE LIMITATION OF LIABILITY SET FORTH IN OUR TERMS OF USE, OUR LIABILITY TO YOU FOR LOSSES OR DAMAGES, INCLUDING THOSE THAT OCCUR TO THE ITEM WHILE IN TRANSIT, ARE LIMITED AS SET FORTH IN OUR TERMS OF USE. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AUCTION OR OTHERWISE.
15. DISCLAIMER OF WARRANTIES. WE DISCLAIM ALL WARRANTIES AS SET FORTH IN OUR TERMS OF USE. WITHOUT LIMITING THE FOREGOING, ANY DESCRIPTION OF AN AUCTIONED ITEM (INCLUDING ANY IMAGE) IS FOR THE SOLE PURPOSE OF IDENTIFYING THE ITEM AND SHALL NOT CREATE ANY EXPRESS OR IMPLIED WARRANTY OR CLAIM AS TO AN ITEM’S ACTUAL CONDITION.
16. The foregoing Additional Auction Terms and our Terms of Use, including such terms regarding LIMITATION ON LIABILITY and DISCLAIMER OF WARRANTIES, apply to protect charitable organizations and other third parties involved with any items or experiences made available through auction as they apply to protect us.
17. No employee of ours (including of our affiliates) or of any other party involved with an item or experience other may change these Additional Auction Terms unless agreed in a writing signed by us.