To bid on or purchase Auction items offered by the Premier Lacrosse League, Inc. (the “PLL” or “us”), you must agree to abide by these Terms and Conditions (the “Terms”). Participation in the Auction constitutes your full and unconditional agreement to these Terms. ANY DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND NO PARTIES WILL HAVE THE ABILITY TO BRING CLAIMS VIA CLASS ACTION. PLEASE READ THESE TERMS CAREFULLY.
- INTRODUCTION. The PLL is holding an Auction, via a third-party application (the “Auction”), pursuant to which participating bidders will have the opportunity to bid on items from the 2021 PLL season. The highest bidder for each item, provided that the highest bid is accepted by the PLL, in its sole and absolute discretion, will secure the item, subject to these Terms and Conditions.
- ACCOUNT ACCESS. To access the Auction, you must have an active account with the PLL. If you do not already have an account, you must create one using a valid email address at shop.premierlacrosseleague.com (an “Account”). Chosen bids will be notified by email using the email address on file with the PLL associated with the Account. Once logged in, you may access the Auction at the following website: https://shop.premierlacrosseleague.com/pages/pll-auctions. Bidders may place multiple bids during the Auction Period. By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches. Also, you agree that you will not log in or try to log in to access our website or the Auction through unauthorized third-party applications or clients.
- ELECTRONIC COMMUNICATIONS. By creating an Account, you consent to receive electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
- AUCTION RULES. The Auction will open at 11am Eastern Time on September 17, 2021 and terminate at 11am Eastern Time on September 20, 2021 (the “Auction Period”). All times used in these Terms are Eastern Time. Upon termination of the Auction, the PLL will approve or deny, in its sole and absolute discretion, the highest bid that is offered for each item. PLL reserves the right to deny a bid from any participant for any reason or no reason. If the PLL accepts the highest bid, the item will be deemed sold, and PLL shall notify such winning bidder within twenty-four (24) hours. The email will specify the acceptable payment methods (e.g., wire, credit card, etc.) and outline payment instructions.
EACH PURCHASER OF AN ITEM IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT THEREOF, INCLUDING ANY RIGHTS, GOODS, AND SERVICES INCLUDED THEREIN.
Notwithstanding anything herein to the contrary, if any of the rights, goods, or services set forth above are unavailable, or the parties cannot agree on a date or time to provide such rights, goods or services, the parties shall work in good faith to agree on substantially similar options to replace such unavailable rights, goods, or services. The failure of the PLL to be able to provide any of the rights, goods, or services set forth above (after commercially reasonable efforts), or a failure of the parties to agree on a time or date (as noted above), shall not constitute a breach of any of these Terms.
- DISCLAIMERS. (A) Goods and Services Provided “As Is.” Except as expressly provided to the contrary in writing by the PLL, the Auction and each item, including all the rights, goods, and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties or conditions of any kind, either express or implied. Neither PLL nor its suppliers make any warranty that any of such rights, goods, or services: (I) will meet requirements or expectations; (ii) will be available on an uninterrupted, timely, secure, or error-free basis; or (iii) will be accurate, reliable, complete, legal, or safe. PLL disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement related thereto. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence. (B) Exclusions. Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by gross negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
- 11. DISPUTE RESOLUTION; ARBITRATION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with PLL and limits the manner in which you can seek relief from us, which may alter your legal rights.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your participation in the Auction or otherwise attempting to purchase an item, to any rights, goods, or services sold or distributed thereby, or to any aspect of your relationship with PLL, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our legal team at email@example.com. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352- 5267.
- WAIVER OR JURY TRIAL. You and PLL hereby WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PLL are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE CLASS BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of New York. All other claims shall be arbitrated.
- Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Premier Lacrosse League, Attn: Legal Department, 615 N. Nash Street, Unit 202, El Segundo, CA 90245 within 30 days of the opening of the Auction, with a copy to firstname.lastname@example.org. The written notice must provide the email address you used to set up your account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
- ERRORS; DISPUTES. Neither PLL nor any of its third-party operators of the applications related to the Auction are responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected bids, which will not be honored. Similarly, such parties or not responsible for the unavailability of or interruptions to any service or equipment used in connection with the Auction, including, without limitation, (1) interruptions to any network, server, internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information. Once submitted, bids become the sole property of PLL and will not be acknowledged or returned. In the event of a dispute, the authorized account holder at the time of entry will be deemed to be the bidder.
- CONDITIONS OF PARTICIPATION. Participation constitutes each participant’s full and unconditional agreement to these Terms. The decisions of the PLL in regard to all matters of the Auction and related activities are final and binding. PLL reserves the right to modify, cancel, terminate, and/or suspend the Auction for any reason or no reason. PLL may disqualify any individual who tampers with the entry process, violates these Terms, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, PLL may lock out any user who, in PLL’s sole judgment, has been disruptive, has questionable eligibility or is otherwise ineligible to enter. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THE AUCTION OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND PLL RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- RELEASE AND INDEMNITY. To the fullest extent permitted by law, by participating in the Auction and/or purchasing an item, each participant agrees to release and to indemnify and hold harmless PLL and each of its officers, directors, employees, consultants, and agents (collectively, the “Released Parties”) for any claims, damages, liability, loss, injury, death, or damages of any kind to such user or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in the Auction or the acceptance of the item and its related rights, goods, and services.
- LIMITATIONS OF LIABILITY. The Released Parties do not make any representation, warranty, or guarantee, express or implied, relating to the Auction and participants understand and agree that, to the fullest extent permitted by applicable law, the Released Parties shall not be responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment, hardware, software or programming associated or used therewith; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Auction or related services; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Auction or acceptance, and access to, copying or downloading materials from premierlacrosseleague.com or any other website. NOTWITHSTANDING ANYTHING HEREIN FOR THE CONTRARY, RELEASED PARTIES SHALL NOT BE LIABLE TO ANY PARTICIPANT FOR ANY DAMAGES, LOSSES, CLAIMS, OR OTHER LIABILITIES FOR ANY KIND UNLESS THE PARTICIPANT HAS PAID A FEE TO THE PLL, AND IN SUCH CASES, THE RELEASED PARTIES LIABILITY SHALL NOT BE GREATER THAN THE TOTAL FEE PAID BY THE PARTICIPANT TO THE PLL.
- ADDRESS; COPYRIGHT. PLL’s address is Premier Lacrosse League, Inc. 615 N. Nash St, Unit 202, El Segundo, CA 90245. The PLL’s e-mail address to contact its legal department is legal@Premierlacrosseleague.com. PLL service marks, copyrights and other intellectual property are proprietary to the Premier Lacrosse League, Inc. All rights reserved.