Last Modified: March 4, 2022
By registering as a buyer on the Seattle Seahawks Auctions site, platform, and/or mobile application (collectively, the "Site") or accessing or using the Site and related services (including, without limitation, to place bids on items offered for sale), you acknowledge and agree that you have read, understand, and accept these Terms and Conditions.
These Terms and Conditions together with any additional rules and policies set forth on the Site (collectively, the "Terms") govern the following: (a) your use of the Site; (b) bids on and purchases of the items offered for sale on the Site; (c) settlement of purchases of items offered for sale on the Site and related transactions (e.g., returns); and (d) resolution of any disputes or claims arising from or related to your use of the Site.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND OTHER MATERIAL TERMS WHICH AFFECT YOUR LEGAL RIGHTS. READ THEM CAREFULLY.
- Site Description. The Site is a service by which Football Northwest LLC ("FNW") offers certain items for sale in a variety of pricing formats, including, without limitation, internet auctions. Subject to the restrictions and limitations set forth in these Terms, FNW grants you a limited license to access and use the Site for purposes of (a) accessing and viewing the content published thereon on your computer or other internet-compatible device, and (b) placing bids or orders (as applicable) for products offered for sale on the Site. The Site and the services offered on or through the Site, including any content, software, code, data and materials thereon, are only for your own personal, non-commercial use. FNW may, in its sole discretion, modify or discontinue the Site without any notice. FNW shall not be liable to you or any third party if it exercises its right to modify or discontinue the Site.
- Use of the Site. As noted above, use of the Site is governed by these Terms. If you are or become dissatisfied with the Site or if you object to any of these Terms, your sole and exclusive remedy is to immediately stop using the Site and if applicable, delete your account. FNW may immediately suspend or terminate your account and refuse current or future use of the Site if it determines, in its sole discretion, that your use of the Site does not comply with these Terms. As a condition of your access to and use of the Site, you agree that you will not use the Site or any element thereof for any purpose that is unlawful, commercial in nature (e.g., advertising or promoting any product, service, pyramid scheme, or other venture) or prohibited by these Terms, or any other purpose not expressly permitted under these Terms. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Site from a jurisdiction where such access or use is illegal or unauthorized.
- Passwords. When you register on the Site, you will create a unique username and password associated with your account. You agree to maintain the confidentiality of your username and password and agree not to transfer, share, or otherwise provide such information to any third party. You agree that you are solely responsible for any and all activities occurring under or related to your username and password, including, without limitation, bids and purchases made through your account. You agree to notify FNW immediately of any unauthorized use of your account or any other breach of security of which you become aware.
- Auction Format. The sale of each item offered on the Site's auction platform shall be conducted by means of an ascending price auction in which the item is sold at the close of the auction to the highest bidder. Timed auction closing times may be approximate, and FNW reserves the right to close an auction earlier or later than the scheduled time. Items offered for sale on the Site may be subject to a minimum bid (i.e., "reserve"). Without limiting Section 13 below, FNW does not warrant that live or timed auction service will be uninterrupted or error free, that bids will be received by FNW, or that information regarding current price will be transmitted in a timely fashion.
- Bid and Payment. Each bid is an irrevocable offer to purchase the applicable item offered for sale on the Site for the full amount of the bid placed. Bids may not be cancelled or revoked once submitted. The highest dollar amount bid at the close of the auction for the applicable item is deemed the "Winning Bid." Payment for all purchases made through the Site must be made by Visa, Mastercard, American Express, Discover, or other means of electronic payment made available on the Site as of the date of your purchase. If the bid placed through your account is the Winning Bid, you agree to provide FNW accurate payment information (e.g., credit card number, PayPal account, etc.) (collectively, the "Payment Method") through the Site no later than forty-eight (48) hours after the end of the applicable auction. You authorize FNW (or its designee) to charge the card or other form of payment provided for the full amount of the bid placed if the bid placed through your account is the Winning Bid. If your Payment Method fails or is declined for any reason, FNW will make a good faith effort to contact you by phone or email using the information you provided as part of your Registration Data. If you fail to provide a valid Payment Method within forty-eight (48) hours of FNW's effort to contact you, all of your bids on the applicable item and transaction will become void and FNW may, in its discretion, (a) deactivate your account, and/or (b) offer the item to the next highest bidder(s), re-list the item in a new auction, sell the item by some other means, or donate the item.
- Shipping and Returns. FNW will ship item(s) within ten (10) business days after FNW successfully processes payment for the Winning Bid. The buyer is responsible for separately paying for shipping costs and fees, which are set forth in U.S. dollars on the Site with the listing for the applicable item offered for sale. If the applicable item is to be shipped outside of the United States or Canada, the buyer is responsible for any additional shipping costs, tariffs, duties, customs, and other fees associated with the shipment or receipt of the applicable item. You agree that FNW is not responsible for, and agree to waive all claims against FNW arising from or related to, any damage to items occurring during transit or shipping. No returns are permitted.
- Your Conduct on the Site. You agree that you are solely responsible for the content you post, publish, or provide to the Site and the results of your actions while using the Site. In connection with your use of the Site, you agree to comply with these Terms and all applicable laws, rules, and regulations. In addition, as a condition of using the Site, you agree not to do any of the following: (a) use the Site if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using the Site, or are a person or entity with whom transactions are prohibited under economic or trade sanctions; (b) post false, inaccurate, misleading, harassing, infringing, deceptive, defamatory, or libelous content on the Site; (c) transfer your account to any third party without FNW's express written consent; (d) use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access the Site for any purpose; (e) interfere with the functioning of the Site, such as by imposing an unreasonable or disproportionately large load on our infrastructure; (f) infringe the copyright, trademark, publicity, moral, and/or other intellectual property rights that belong to or are licensed to FNW or any third party; (g) circumvent any technical measures used to provide the Site; (h) attempt to gain unauthorized access to the Site or FNW's computers or networks; (i) manipulate bids; or (j) engage in shill bidding or any effort to artificially increase an item's price or desirability.
- Indemnity. You agree to indemnify and hold harmless FNW for all actual or threatened claims, demands, losses, liabilities, expenses, and damages (including, without limitation, reasonable attorneys' fees) arising from or related to (a) your use of the Site in violation of these Terms or any additional rules and policies stated on the Site; (b) bids or purchases made on the Site by you or through your account; and (c) your violation of any law or your infringement of the rights of any third party.
- Arbitration. Any dispute or claim arising from or related to these Terms or use of the Site shall be resolved by confidential and binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the Federal Arbitration Act. Notwithstanding the foregoing, FNW may seek an injunction or order of specific performance in any circumstance in which a plain, complete, speedy, and adequate legal remedy may not be available, as determined in FNW's sole discretion. The non-prevailing party in any litigation or arbitration related to these Terms or use of the Site shall pay all costs and expenses of the prevailing party, including without limitation, reasonable attorneys' fees, court costs, and expert witness fees. All disputes and claims arising from or related to these Terms or use of the Site shall be submitted to arbitration in accordance with the foregoing no later than one (1) year after the cause of action or such cause of action is permanently barred.
- Laws. These Terms shall be governed by and construed in accordance with the substantive and procedural laws of the State of Washington without regard to its conflict-of-law principles. You and FNW irrevocably agree, submit, and consent to the exclusive jurisdiction of the state and federal courts of in Seattle, Washington in connection with the entry or enforcement of any award or order issued by an arbitrator pursuant to Section 10 of these Terms.
- LIMITATION OF LIABILITY. FNW SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO (A) THESE TERMS, (B) YOUR USE OF THE SITE, (C) ANY BIDS OR PURCHASES MADE ON THE SITE BY YOU OR THROUGH YOUR ACCOUNT, (D) YOUR INABILITY TO USE THE SITE FOR ANY REASON, (E) DELAYS AND/OR DISRUPTIONS IN THE SITE, AND (F) DELAYS OR DISRUPTIONS IN SHIPPING, IN EACH CASE EVEN IF FNW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FNW'S AGGREGATE LIABILITY, IF ANY, FOR ALL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE FOREGOING SHALL NOT EXCEED THE GREATER OF (I) FIVE HUNDRED U.S. DOLLARS ($500), OR (II) THE AMOUNT OF THE WINNING BID FOR THE ITEM AT ISSUE, IF ANY. THE FOREGOING EXCLUSIONS AND LIMITS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND AND ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER GROUNDS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOU ARE USING THE SITE AT YOUR OWN RISK AND THAT THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. FNW MAKES NO WARRANTY THAT THE SITE OR ANY ITEMS PURCHASED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, FNW DISCLAIMS AND EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATION OF OR ON THE SITE; (C) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH THE SITE; (D) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE, UNINTERRUPTED, OR ERROR FREE; AND (E) WARRANTIES THAT ERRORS IN THE SITE WILL BE CORRECTED.
- User Representations and Warranties. You represent and warrant that: (a) you have provided FNW with accurate, complete, and verifiable information about yourself; (b) neither you nor any individual or entity with a beneficial or ownership interest in the purchase transaction is on the Specially Designated Nationals List maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury nor subject to any other sanctions or embargo program or regulation in effect in the United States or the European Union; and (c) neither the purchase transaction (including your bidding activity) nor the purchase funds are connected with nor derive from any criminal activity, and they are not designed to nor have they or shall they, violate the banking, anti-money laundering, or currency transfer laws or other regulations (including without limitation, import-export laws) of any country or jurisdiction, or further any other unlawful purpose, including without limitation collusion, anti-competitive activity, tax evasion or tax fraud. You acknowledge and agree that FNW may rely upon the accuracy and completeness of the foregoing warranties.
- Errors; Technology. The Site may execute bids on your behalf if so instructed by you, provided that neither FNW nor our employees, contractors, or agents will be liable for any error or default (whether electronic, human, or otherwise) in doing so or for failing to do so. Without limiting the foregoing, FNW (including its employees, contractors, and agents) shall not be responsible for any problem relating to telephone, online, or other bids submitted remotely through any means, including without limitation, any telecommunications or internet fault or failure, or breakdown or problems with any devices or online platforms, including third-party online platforms, regardless of whether such issue arises with FNW's, your, or a third-party's technology, equipment, or connection.
- Updates to Terms. FNW may change these Terms from time to time, at any time without notice to you, by posting such changes on the Site. It is your responsibility to periodically check the Terms. You will know if these Terms have been revised since your last visit to the Site by referring to the "Last Modified" date at the top of this page. If you do not agree to the current version of the Terms, your sole and exclusive remedy is to immediately stop using the Site and, if applicable, delete your account. These Terms supersede all prior agreements among between you and FNW regarding the subject matters contained herein.
- Trademarks. The marks, logos, service marks, and trade names (collectively the "Marks") displayed on or in connection with the Site and all rights therein belong to FNW and/or its affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorized in writing by FNW or the applicable Mark owner.
- Severability. If any provision of these Terms is held to be unenforceable, then such provision shall be construed by modifying it to the minimum extent necessary to make it enforceable. If an unenforceable provision is modified in accordance with this Section 18, the rest of these Terms shall remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.