Terms and Conditions
For the purpose of these Official Auction Rules and the Terms of Service set out below, "NHL Auctions Hockey Memorabilia" shall include NHL Interactive Cyber Enterprises, LLC, the National Hockey League, Commerce Dynamics, Inc., and Fanatics, Inc.
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. Each item is its own separate Auction. If a bid is received within five minutes of scheduled closing time, the auction is automatically extended by an additional five minutes. That means that as long as people are bidding within five 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 highest dollar amount bid at each Auction's close will be the WINNING BID for that Auction. The credit card of the person with the WINNING BID will be billed at Auction close. All items will be shipped UPS 2nd Day Air 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 of Canada or 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, NHL Auctions Hockey Memorabilia will attempt to contact the WINNING BIDDER via phone and/or e-mail. If NHL Auctions Hockey Memorabilia does not acknowledge credit card or cashier’s check payment within 48 hours of Auction close, the next highest bidder will become the WINNING BIDDER and the process will begin again until completed. Auction closing times are approximate, and NHL Auctions Hockey Memorabilia reserves the right to close an Auction earlier or later than the scheduled time. NHL Auctions Hockey Memorabilia reserves the right to refuse service to anyone. NHL Auctions Hockey Memorabilia 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 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 NHL Auctions Hockey Memorabilia registration form. All bids are final and not subject to cancellation once submitted. NHL Auctions Hockey Memorabilia does not assume responsibility for the content or the context of any listings. NHL Auctions Hockey Memorabilia 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 NHL Auctions Hockey Memorabilia for its services are non-refundable. All bids are made in increments and are subject to a minimum bid, as posted for each item. NHL Auctions Hockey Memorabilia keeps track of all unsuccessful bids. If a problem occurs with a WINNING BID in an open Auction, NHL Auctions Hockey Memorabilia 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 NHL Auctions Hockey Memorabilia software. Please be aware that even if you do not give NHL Auctions Hockey Memorabilia 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. NHL Auctions Hockey Memorabilia may, at its sole discretion, terminate service should a bidder’s conduct fail to conform to these Official Auction Rules and Terms of Service. To report a violation of the NHL Auctions Hockey Memorabilia Rules, please contact NHL Auctions Hockey Memorabilia using the Contact Form.
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 NHL Auctions Hockey Memorabilia 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 - NHL Auctions Hockey Memorabilia 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 his/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 NHL Auctions Hockey Memorabilia 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 NHL Auctions Hockey Memorabilia to disclose such excluded information through the Service; or (b) NHL Auctions Hockey Memorabilia is required to disclose such information by any applicable law or legal process served on NHL Auctions Hockey Memorabilia. If any information provided by Member is incomplete or inaccurate, NHL Auctions Hockey Memorabilia reserves the right to terminate Member's membership and rights to use the Service.
- MODIFICATIONS TO SERVICE - NHL Auctions Hockey Memorabilia reserves the right to modify or discontinue the Service with or without notice to Member. NHL Auctions Hockey Memorabilia shall not be liable to Member or any third party, in tort or in contract, should NHL Auctions Hockey Memorabilia exercise its right to modify or discontinue the Service.
- OBLIGATIONS OF NHL AUCTIONS HOCKEY MEMORABILIA - Member acknowledges and agrees that NHL Auctions Hockey Memorabilia does not endorse any of the goods that are sold through the Service. Member acknowledges and agrees that NHL Auctions Hockey Memorabilia 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. Upon Member's request, NHL will submit to mediation by the Better Business Bureau, disputes arising out of this Service. Claims that may be arbitrated 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 NHL Auctions Hockey Memorabilia 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 IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NHL AUCTIONS HOCKEY MEMORABILIA 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. NHL AUCTIONS HOCKEY MEMORABILIA MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NHL AUCTIONS HOCKEY MEMORABILIA 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 - NHL AUCTIONS HOCKEY MEMORABILIA 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 NHL AUCTIONS HOCKEY MEMORABILIA 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 NHL Auctions Hockey Memorabilia.
- OTHER LIMITATIONS - NHL Auctions Hockey Memorabilia retains the right, at NHL Auctions Hockey Memorabilia's 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. NHL Auctions Hockey Memorabilia 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. NHL Auctions Hockey Memorabilia 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 National Hockey League, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC, the member clubs of the National Hockey League, Vigorate Loyalty Inc., 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, liabiilties and damages (including, but not limited to, reasonable attorneys' fees), due to or arising out of Member's use of the Service, 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 New York, without regard to its conflicts of law principles. Member and NHL Auctions Hockey Memorabilia agree to submit to the exclusive jurisdiction of the courts of the State of New York. 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. NHL Auctions Hockey Memorabilia's 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 NHL Auctions Hockey Memorabilia in writing. Member and NHL Auctions Hockey Memorabilia 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.