3. Special Bidding Rules.
You are required to enter a valid credit card number to place a bid. 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 an item on the Properties, 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; (b) You are responsible for reading and understanding the full item listing and any Offer 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 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 than the scheduled time or to cancel an auction in its entirety for any reason.
Bid Cancellation. Each bid is a legally binding offer and you may not cancel or retract your bid once placed. However, in the event (i) 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 (ii) 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 guaranty that you will be able to retract your bid and any retraction is granted in our sole discretion.
- Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Properties without our prior written consent;
- Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
- Using a framing or similar technique without our prior written permission;
- Creating or maintaining any link from another website to any page on the Properties without our prior written permission;
- Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Covering or obscuring the banner advertisements on the Properties, if any, via HTML/CSS or any other means;
- Any automated use of any system, such as using scripts to alter content;
- Interfering with, disrupting, or burdening the Properties or the networks, systems or services connected to the Properties;
- Using any automated system or software to extract data from the Properties for commercial purposes (including "screen scraping");
- Attempting to impersonate another user or person at checkout or otherwise;
- Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
- Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Properties on behalf of that person, such as placing commercial content on the Properties;
- Using the Properties for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
- Attempting to include any of the following in merchandise that is offered for sale through the Properties and that permits user-added content (e.g., a personalized jersey): (i) images that contain obscene, profane, pornographic or otherwise objectionable content; (ii) images, names or likenesses owned by any third party without such third party's authorization; (iii) any images of a person who has current or remaining collegiate athletic eligibility; or (iv) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness; or
- Using the Properties in a manner inconsistent with any applicable law, rule or regulation.
8. Products, Content and Specifications. The inclusion of any products or services on the Properties does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete. Our Listing Partner (defined in Section 16 below) who lists the item is solely responsible for managing the inventory, ensuring product availability and fulfillment of listing, but we will facilitate communication with such partner on your behalf. 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 applicable auction (and corresponding order) of any such product, 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 or your order 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. Further, we do not not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Properties by any third party party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Properties. In addition, we may make changes to information about price, availability or other product attributes without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation or acknowledgement of a winning bid from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. With respect to the shipment of products and services sold through the Properties, risk of loss and title for items purchased from the Properties pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. 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 the Properties. 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.
9. Property; Intellectual Property. All content of the Properties (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws. Names, logos, taglines, icons and marks on the Properties are the exclusive property of Fanatics, Inc. and/or one of its affiliates, all rights reserved, and may not be used by you without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Properties is the property of its respective owner. We reserve all rights not expressly granted in and to the Properties' content and services.
15. LIMITATION ON LIABILITY. IN NO EVENT SHALL THE FANATICS 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 OR SERVICES AVAILABLE THROUGH THE PROPERTIES, EVEN IF THE FANATICS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Third Party Transactions. Through your use of the Properties, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties, including but not limited to third parties who offer their products for sale on our Properties (“Listing Partner”). You acknowledge that all transactions relating to any merchandise or services offered by a Listing Partner or any third party, including but not limited to product quality and availability, the Offer Terms, other purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Properties. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE PROPERTIES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
17. U.S. Export Controls. Software made available to you by the Properties (the "Software"), if any, is subject to U.S. export controls. No Software may be downloaded from the Properties or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
19. Arbitration; No Class Action. 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.
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.org. 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.
21. Contact Information. Fanatics, Inc., 8100 Nations Way, Jacksonville, FL 32256.