Effective as of Aug 31, 2021.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Contact Information. SportsMem, LLC 8100 Nations Way, Jacksonville, FL 32256.
Important Additional Terms Applicable to Auctions (“Auction Terms”)
While there are significant points throughout these Additional Auction Terms, please note Section 14 and 15 contain important limitations on our liability.
- 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.
- We may set or change minimum bids, bid increments, reserve prices, extended bidding periods, and other bidding terms in our sole discretion.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.