Auction User Agreement

The following describes the terms on which the Steve Nash Foundation offers you access to its Auction.

Introduction

Welcome to the Steve Nash Foundation Auction at stevenash.org. Monies generated from sales at this Auction will be used by the Foundation to carry out its mission to assist underserved children in their health, personal development, education and enjoyment of life, in accordance with the programs outlined on the site. Purchasers from the United States and Canada will be entitled to an official tax receipt for the difference of the amount paid and the fair market value of the item purchased as specified on the Steve Nash Foundation website ("the site").

By using the Auction services on the site, you are agreeing to the following terms, including the general principles for the site available on the site's Terms of Use and Privacy Policy pages.

Before you may become an Auction user, you must read and accept all of the terms and conditions in, and linked to, this User Agreement, the Terms of Use, and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Steve Nash Foundation websites or websites with which the site links may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This User Agreement is effective on April 17, 2008, for current users, and upon acceptance for new users.

Using the Auction

While using the site, you agree that you will not:

  • violate any laws, third party rights, or our policies;
  • use the site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the site;
  • fail to deliver timely payment for items purchased by you;
  • manipulate the description, image or price of any item or interfere with other user's bids;
  • circumvent or manipulate the fee structure, billing process, or monies owed to the Steve Nash Foundation;
  • post any false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the site or using it for purposes unrelated to the Steve Nash Foundation);
  • transfer your site account and/or User ID to another party without Foundation consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm the site, the Steve Nash Foundation, or the interests or property of site users;
  • copy, modify, or distribute content from the site, including logos, trademarks, images or other content of the Steve Nash Foundation; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Site Abuse

The Steve Nash Foundation makes every effort to ensure the proper function of the site and the safety of site users. Please report problems, offensive content, and policy violations to the Foundation.

All items posted for sale on the site are the property of the Steve Nash Foundation, and the Foundation works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties.

Without limiting other remedies, the Foundation may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. The Foundation also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. The Foundation apologizes for any inconvenience this may cause.

Fees and Services

Becoming a site user and bidding on listed items is free. When you submit a bid, you are warranting that you are able to and agreeing to pay the full value of the submitted bid should that bid be successful, in addition to associated fees including shipping costs. You will be responsible for timely payment of all winning bids, and shipping costs where indicated, with a valid payment method. If your payment method fails or your account is past due, upon notice to you, the Steve Nash Foundation may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, and retaining collection agencies and legal counsel). Unless otherwise stated, all fees are quoted in U.S. dollars.

Liability

You agree that you will not hold the Steve Nash Foundation responsible for other users' actions or inactions. You acknowledge the Foundation is not a traditional auctioneer. Instead, the site is a venue to allow anyone to donate monies in exchange for items so as to benefit the Foundation's work for children.

Nothing in this agreement shall modify the governing provisions of Uniform Commercial Code • 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the Foundation and the buyer agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the Foundation, in accordance with Uniform Commercial Code • 2-401(2). Further, the Foundation cannot guarantee continuous or secure access to our services, and operation of the site may be interfered with by numerous factors outside of the Foundation's control. Accordingly, to the extent legally permitted, the Foundation excludes all implied warranties, terms and conditions, and is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action that gave rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release the Steve Nash Foundation (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code •1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in the Foundation's sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your own personal information) from the site without the prior expressed written permission of the Steve Nash Foundation;
  • interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or
  • bypass measures we may use to prevent or restrict access to the site.

Privacy

The Steve Nash Foundation views protection of users' privacy as a very important community principle, and does not sell, rent or disseminate users personal information to third parties for their marketing purposes.

Indemnity

You agree to indemnify and hold the Steve Nash Foundation (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to the Foundation during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Foundation may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and the Steve Nash Foundation, the Foundation's goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree to resolve any claim or controversy at law or equity that arises out of this Agreement or your use of the site (a "Claim") in accordance with one of the subsections below or as is otherwise agreed to in writing by both parties. Before resorting to these alternatives, the Foundation strongly encourages you to first make direct contact with the Foundation to seek a resolution. The Foundation will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes – Canadian Users: This Agreement shall be governed in all respects by the laws of the province of British Columbia as they apply to agreements entered into and to be performed entirely within B.C. between B.C. residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against the Steve Nash Foundation must be resolved by a court located in B.C., except as otherwise agreed by the Steve Nash Foundation or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within B.C. for the purpose of litigating all such claims or disputes.

Law and Forum for Disputes – U.S. Users: This Agreement shall be governed in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against the Steve Nash Foundation must be resolved by a court located in or near Phoenix, Arizona, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Arizona for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be agreed to by the Steve Nash Foundation; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against the Steve Nash Foundation must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, the Foundation may recover attorneys' fees and dispute-related costs up to $1,000, provided that the Foundation has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

General

The Steve Nash Foundation is a 501(c)(3) private foundation and a registered Canadian charity, located in Arizona and British Columbia. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In the Foundation's sole discretion, it may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. The Foundation's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The Steve Nash Foundation does not guarantee we will take action against all breaches of this Agreement.

The Foundation may amend this Agreement at any time by posting the amended terms on the site. This Agreement may not be otherwise amended except in a writing signed by you and by the Steve Nash Foundation. This Agreement sets forth the entire understanding and agreement between the user and the Foundation with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Liability, Indemnity, and Resolution of Disputes.