Terms & Conditions
Seahawks Auctions Terms and Conditions
These Official Auction Rules and the Terms of Service set out below are applicable to the “Seattle Seahawks Auctions”
Bidding on an item is an irrevocable offer to buy the item at the price in the bid, provided the bidder's offer is the WINNING BID at the close of the Auction. Payment for auction items must be submitted within 48 hours of auction close. If payment is not received in 48 hours, one attempt will be made to auto-charge the credit card on file. If payment is still unattainable the sale will become void and the second highest winner will be allowed to purchase the item. Each item is its own separate Auction. If a bid is received within three minutes of scheduled closing time, the auction is automatically extended by an additional three minutes. That means that as long as people are bidding within three minutes of each other, the Auction does not end. This rule is intended to prevent bidders from being locked out of an Auction due to a slow connection. The “WINNING BID” and “WINNER BIDDER” for each Auction shall mean the highest dollar amount bid at each Auction's close. The credit card of the person with the WINNING BID will be billed at Auction close. All items will be shipped UPS Ground within 10 business days of payment verification from the WINNING BIDDER. There will be a set fee for items shipped to Canada or the United States, which will be listed in the item listing page. For any WINNING BID that requires shipping outside the United States, the WINNING BIDDER will be responsible for any and all additional shipping costs, tariffs, duties, customs, or any other fees associated with the shipping and receiving of the item. If the credit card is declined for any reason, Seattle Seahawks will attempt to contact the WINNING BIDDER via phone and/or e-mail. If Seattle Seahawks do not acknowledge credit card payment within 48 hours of Auction close, they will be automatically charged or the next highest bidder will become the WINNING BIDDER and the process will begin again until completed. Auction closing times are approximate, and Seattle Seahawks reserves the right to close an Auction earlier or later than the scheduled time. Seattle Seahawks reserves the right to refuse service to anyone. Seattle Seahawks will exercise this right in situations including, but not limited to, bidders making a habit of winning auctions and not buying. Bid manipulation of any kind is expressly forbidden. No shill bidding or other intent to artificially increase an item’s price or desirability is allowed. Bidders are prohibited from communicating with each other for the purpose of manipulating the final purchase price of an item. Bidders agree that all transactions in which they partake do not violate any applicable state, federal and/or international laws. Bidders agree to provide true and accurate information about themselves in the Seattle Seahawks registration form. All bids are final and not subject to cancellation once submitted. Seattle Seahawks do not assume responsibility for the content or the context of any listings. Seattle Seahawks is not responsible for bids not being processed or not being accepted due to technical difficulties. Bidders agree to refrain from 'spamming' (sending unsolicited commercial email to other bidders). Any and all payments to Seattle Seahawks for its services are non-refundable. All bids are made in increments and are subject to a minimum bid, as posted for each item. Seattle Seahawks keep track of all unsuccessful bids If a problem occurs with a WINNING BID in an open Auction, Seattle Seahawks may reinstate another bidder’s unsuccessful bid to WINNING BID status at the last bid price. It is a violation of law to make bids in a false name or with an invalid credit card, even if such a bid is initially accepted by the Seattle Seahawks software. Please be aware that even if you do not give Seattle Seahawks your real name, your web browser transmits a unique Internet address which can be used by law enforcement officials to identify you. Fraudulent bidders may be prosecuted to the fullest extent of the law. Currently, both the FTC and the US Secret Service are responsible for investigating all Internet fraud cases. Seattle Seahawks may, at its sole discretion, terminate service should a bidder’s conduct fail to conform to these Official Auction Rules and Terms of Service.
Seattle Seahawks Auction Terms of Service
- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE - The Official Auction Rules and Terms of Service comprise the entire agreement between you (having registered as a “Member”) and the Seattle Seahawks organization (“Seattle Seahawks”) and supersedes all prior agreements among these parties regarding the subject matter contained herein. By participating in the registration process, Member indicates his/her agreement to be bound by all of the Official Auction Rules and Terms of Service.
- DESCRIPTION OF SERVICE - Seattle Seahawks is providing Member with an auction service to buy property (the “Service'). In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about him/herself as requested by the Service; and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data (“Registration Data”). Member grants Seattle Seahawks the right to disclose to third parties Member’s membership status and certain Registration Data in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (a) Member expressly permits Seattle Seahawks to disclose such excluded information through the Service; (b) such disclosure is to third parties providing services for the internal operations of this Service or other services offered by Seattle Seahawks or (c) Seattle Seahawks is required to disclose such information by any applicable law or legal process served on Seattle Seahawks. If any information provided by Member is incomplete or inaccurate, Seattle Seahawks reserves the right to terminate Member's membership and rights to use the Service.
- MODIFICATIONS TO SERVICE - Seattle Seahawks reserves the right to modify or discontinue the Service with or without notice to Member. Seattle Seahawks shall not be liable to Member or any third party, in tort or in contract, should Seattle Seahawks exercise its right to modify or discontinue the Service.
- OBLIGATIONS OF SEATTLE SEAHAWKS - Member acknowledges and agrees that Seattle Seahawks is not responsible for any damage to goods during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. Claims that may be arbitrated or otherwise adjudicated shall not exceed the cost of the merchandise involved with the transaction(s), plus the amount of any property damage and incidental cost associated with the sale of the product.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY - Once you become a Member, you will receive a username and a password. Members are entirely responsible for maintaining the confidentiality of their username and password. Furthermore, Members are entirely responsible for any and all activities occurring under their username and password. Member agrees to immediately notify Seattle Seahawks of any unauthorized use of Member's username or any other breach of security known to Member.
- DISCLAIMER OF WARRANTIES - MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE OR GOODS OR SERVICES PURCHASED OR OBTAINED IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEATTLE SEAHAWKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEATTLE SEAHAWKS MAKES NO WARRANTY THAT THE SERVICE OR GOODS OR SERVICES PURCHASED OR OBTAINED WILL MEET MEMBER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; SEATTLE SEAHAWKS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
- LIMITATION OF LIABILITY – SEATTLE SEAHAWKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SEATTLE SEAHAWKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NO RESALE OR COMMERCIAL USE OF THE SERVICE - Member's right to use the Service is personal to Member. Member agrees not to resell or make any commercial use of the Service, without the express written consent of Seattle Seahawks
- OTHER LIMITATIONS - Seattle Seahawks retains the right, at Seattle Seahawks sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of these Terms of Service and Official Auction Rules. Seattle Seahawks reserves the right to terminate Service if a Member's conduct is found to be inconsistent with these Terms of Service or Official Auction Rules.
- MEMBER CONDUCT - Member is solely responsible for the content of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with United States law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Seattle Seahawks may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform to these Terms of Service and Official Auction Rules.
- INDEMNIFICATION - Member agrees to indemnify and hold harmless the Football Northwest LLC d/b/a Seattle Seahawks and the National Football League, and any of their respective parents, partners, subsidiaries, affiliates, directors, partnerships, principals, governors, representatives, agents, officers and employees, successors and assigns, from any claim or demand, and resulting losses, liabilities and damages (including, but not limited to, reasonable attorneys' fees), due to or arising out of Member's use of the Service or goods or services purchased or obtained, the violation of these Terms of Service or Official Auction Rules by Member, or the infringement by Member, or other user of the Service using Member's computer, username or password of any intellectual property or other right of any person or entity.
- TERMINATION - Should Member object to any of these Terms of Service or any subsequent modifications hereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate Service membership.
- LAWS - These Terms of Service shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflicts of law principles. Member and Seattle Seahawks agree to submit to the exclusive jurisdiction of the courts of the State of Washington. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Seattle Seahawks failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Seattle Seahawks in writing. Member and Seattle Seahawks agree that any cause of action arising out of or related to this Service must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.