USER AGREEMENT TERMS
SPORTLOTS IS A VENUE/MARKETPLACE
RELEASE AND WAIVER
RISKS
USER IDENTITY
SELLER REPORT CARD
SPORTLOTS FIXED PRICE MARKETPLACE
SPORTLOTS 1, 2, 3, SOLD AUCTION MARKETPLACE
SPORTLOTS ISSUE RESOLUTION POLICY
COPYRIGHTS AND TRADEMARKS
COPYRIGHT/TRADEMARK INFRINGEMENT
BUYER PROTECTION POLICY
SPORTLOTS AFFILIATE PROGRAM
PAYMENT METHODS
RESERVATION OF RIGHTS
COMPLIANCE OF LAWS
LINKS
RESTRICTIONS ON CONDUCT
DISCLAIMER AND LIMITATIONS OF LIABILITY

USER AGREEMENT TERMS

Sportlots can be used by anyone in the United States and Canada who is 18 years or older and has not been restricted from the site by Sportlots. People under the age of 18 are only permitted to use the site with permission by their legal guardians.

You must register with Sportlots by providing your real name, address and email address. You are responsible for the confidentiality of your password and restricting other users from using your registered id.

You agree when utilizing our services you will not:

  • Manipulate the price of any item or interfere with any other user's listings.
  • Post false, inaccurate, misleading, deceptive, defamatory content.
  • Use (or allow anyone else on your behalf) robots, spiders, scrapers, data mining tools, data gathering and extraction tools, or other automated means to access our Services.
  • Distribute viruses that may harm Sportlots or hinder our users ability to utilize our systems.
  • Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure.
  • Circumvent any technical measures used to provide our Services.

    Sportlots reserves the right to terminate their agreement with any registered user at any time without prior notification.

    Sportlots sellers can terminate their agreement with Sportlots by submitting an email to Sportlots. Sportlots will remove the seller's inventory within 5 business days of receiving the email request. In this event, Sportlots sellers must still fulfill any outstanding orders.

    All stored information (including seller inventory) on Sportlots website is the sole property of Sportlots.

    Sportlots may default shipping/handling charges for sellers. It is the sellers responsibility to review (and change if appropriate) their shipping charges.

    SPORTLOTS IS A VENUE/MARKETPLACE

    Sportlots is a marketplace that brings sellers and buyers together to purchase items. Sportlots provides the venue for this to occur but is in no way responsible for the delivery, timing and accuracy of the items being sold. Transactions on this site are strictly between the seller and the buyer so Sportlots will not be liable in anyway for this transaction. Sportlots does not examine, or set the price of any property offered on the site. Sportlots is not an agent or representative of any buyer or seller.

    Sportlots sellers have the ability to create and correct item descriptions. Sellers that are found to abuse this feature on purpose to corrupt Sportlots data information may have their inventory removed and their registration revoked or suspended at the sole discretion of Sportlots.

    Sportlots provides ways for buyers to contact the seller of an item to resolve any issues they have. If a buyer is unable to get an issue resolved with a seller, see the Buyer Protection Policy below.

    Sellers are expected to fill and ship orders within 5 business days of receiving notification that payment has been received from the buyer. If an order is not marked as filled within 10 days, Sportlots will automatically proceed with the following actions:

  • Mark all the sellers orders as "Missing from Inventory"

  • Notify all buyers involved with orders from this seller that have not been marked filled and that their Sportlots account has been credited accordingly.

  • All the sellers fixed priced inventory will be removed from Sportlots.

  • The seller will be blocked from using the website.

    There are always the potential for unforeseen circumstances the prevent sellers from shipping orders within the 10 day timeframe. If the seller is blocked from the site, they can contact Sportlots and appeal their case. Sportlots can (at their own discretion) restore the sellers inventory and "unblock" their account on Sportlots.

    If the issue in question is resolved between the buyer and the seller of an item results in a refund. Sportlots deducts this amount from the sellers payment and places this amount in the buyers Sportlots account. This credit amount will automatically be deducted from future orders or if the buyer wishes, they can request a refund online for the balance of their credit. Refunds will be processed and delivered between 2-5 weeks.

    If a Paypal refund is requested, normal Paypal feees may apply and is the responsibility of the person who is requesting the refund.

    RELEASE AND WAIVER

    By using Sportlots you agree that if you have any issues with another user of the site, you release Sportlots and it's members from any and all claims, demands, losses and damages (actual and consequential) of any kind of nature whatsoever, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such problem or dispute. If you are a California resident, you waive California Civil Code Section 1452. If you are a resident of a jurisdiction having a statute or common law similar to the California Civil Code Section 1452, you hereby waive that provision to the fullest extent permitted by applicable law. You acknowledge that this release and waiver is an essential and material provision of this agreement, and that Sportlots would have not allowed you to use the site if you had not agreed to this release and waiver.

    RISKS

    We do not control or validate the descriptions or information users post on the Sportlots auction site. Some of the descriptions may be misleading or inaccurate. Some users may also use offensive language or other inappropriate language. You may report misleading or inaccurate descriptions and offensive or inappropriate language to us. Just go to sportlots.com and click on the "Contact Sportlots".

    There are risks in dealing with persons who may be underage or acting with intent to defraud. Recognize that some users of the site may not be trustworthy, and use caution in all of your dealings with other users of the site. By using the site, you accept the risks of doing so, including the risks that buyers and sellers may fail to perform their obligations or otherwise act inappropriate, unethical or unlawful ways, and that you agree that we are not responsible for this acts, behaviors or omissions of users.

    USER IDENTITY

    We do not confirm each user's identity, and we can't assure you that a buyer or seller you choose to deal with is who he/she claims to be or not involved in fraudulent activity.

    SELLER REPORT CARD

    The seller report card is a way for buyers to better judge the reliability of a seller. Sellers are judged based on their feedback rating, delivery speed and order accuracy.

    Once feedback is left for a seller on an order, this feedback rating can not be changed. Please be sure to exhaust the resolution process with the seller before entering feedback. Sellers work hard at keeping a good feedback rating.

    You may not take any actions, which may undermine the accuracy and integrity of Sportlots feedback/report card system. Any attempt to do so will result in being restricted from using Sportlots.

    Sportlots makes no claim as to the accuracy of the feedback system. It is no guarantee that your transaction will be completed successfully, it is meant as a guide only. Sportlots report card system is in no way an endorsement of any sellers on Sportlots system.

    SPORTLOTS FIXED PRICE MARKETPLACE

    Your Sportlots shopping cart is a holding place to store inventory until you are ready to check out. Items can stay in your shopping cart indefinitely, but are only guaranteed to remain there for up to one month. An item in your shopping cart does not freeze the inventory or freeze the prices of items. While items are in your shopping cart, others can still purchase these items and sellers can change pricing for these items.

    Once a shopping cart is checked out and an order is created, this inventory is frozen. This means that the item has been removed from the sellers inventory and the prices are guaranteed. However, payment for orders placed is required within 17 days (21 days for orders from Canada) of placing the order. After 17 days, orders are removed from Sportlots and items are returned to the sellers inventory.

    Sportlots reserves the right to remove buyers who fail to pay for orders after this time limit of placing fixed priced or auction style orders.

    Sportlots sellers have the ability to put their inventory "on hold" while they are away or unable to fill orders for a period of time. It is the sole discretion of the seller to determine if their inventory needs to be put on hold depending on the length of time required and the risks they take getting poor feedback from buyers due to delays in shipping items. If sellers want to put their inventory on hold, they must contact Sportlots at least 3 days in advance of the date. Sportlots will then put their inventory on hold sometime between the notification date and the date the seller wants their inventory on hold. When the seller is able to again start filling orders, they can contact Sportlots and we will put their inventory back on line within 3 days of notification.

    Sportlots reserves the right to remove to terminate or suspend any inventory, shopping cart items or orders at any time without prior notification to the seller, bidders or buyers of items listed on Sportlots.

    SPORTLOTS 1, 2, 3, SOLD AUCTION MARKETPLACE

    Bids on Sportlots auctions is a binding contract between the buyer and the seller of an item. The seller must agree to sell the item at the final bidding price and the buyer must agree to purchase the item at the final bidding price. Failure to do so may result in the buyer or seller from being restricted from using Sportlots. Other legal action may be pursued by the opposing party involved at their own discretion.

    Payment for orders placed is required within 17 days (21 days for orders from Canada) of placing the order. After 17 days, orders are removed from Sportlots and auction are relisted for the sellers.

    Sportlots reserves the right to remove buyers who fail to pay for orders after this time limit of placing fixed priced or auction style orders.

    Sportlots reserves the right to place a temporary hold on new registered users on Sportlots who place (in our sole determination) a large number of bids on auction items. While we encourage new users to place bids on Sportlots auctions, we do reserve the right to protect our sellers and in extreme cases limit the number of bids placed by newer users of Sportlots by putting this hold on their account. Once an outstanding order(s) has been paid for, the temporary hold will be released from the bidders account.

    Shill bids and other manipulative actions

    You agree not to place bids or cause bids to be placed on any item listed on the site for the purpose or with the effect of artificially increasing or otherwise manipulating the price or the bidding process or user behavior relating to any items listed on Sportlots.com. Bidding on items where you have a close relationship with the seller outside of Sportlots (relative, friend, co-worker, etc) is considered shill bidding because the bidder could have an unfair advantage over other bidders of the item. SHILL bidding is a serious violation of Sportlots terms because it has a direct impact the integrity of the auction site. As a result, anyone caught SHILL bidding will have all currently running auctions terminated and the sellers account(s) will be immediately terminated from the site. Sportlots also reserves the right to take other additional actions including (but not limited to) contacting previous Sportlots bidders impacted by SHILL bidding practices by the seller to let them know this occurred in case they want to pursue additional legal actions.

    Sellers are responsible for the authenticity of the items offered in their auction listings. Sellers should take steps to ensure that their items are authentic before listing them on Sportlots. If a seller cannot verify the authenticity of an item, the seller is not permitted to list it. Reprints are allowed, as long as they are authorized reprints from the original manufacturer. If you list a reprint for auction, the year the reprint was printed must also be added to the title or description of the auction. Violations of this policy include termination of the auction item and repeat problems will result in the seller’s account being closed.

    Sportlots reserves the right to remove, terminate or suspend any listing at any time without prior notification to the seller or bidders of items listed on Sportlots. Sportlots also reserves the right to hold payment on auctions of significant value until all parties are satisfied with the transaction.

    SPORTLOTS ISSUE RESOLUTION POLICY

    Sportlots provides an issue resolution policy that attempts to take into account these four items:

    1. Provides quick turn-around time to getting issues resolved.
    2. Provides a consistent issue resolution policy with our payment vendor(s).
    3. Tracks issue history so that sellers can be proactive and prevent potential abusers of the policy from viewing their inventory/auctions at their discretion.
    4. Tracks issue history so that Sportlots has the tools to omit a buyer who in our sole discretion has abused the Issue Resolution Policy.


    A buyer can submit two types of issues by going to the Paid Orders link from Sportlots.com and clicking on the dealer ID for the associated order number that they have an issue for. Issues must be filed within 180 days from the date the orders was placed.

    Order Not Received

    When a buyer submits an "Order not Received" issue, the seller has three options:

    1. Refund the buyer
      When a seller selects the refund option, the order is adjusted that night and the buyer is credited the money in their Sportlots account where they can use this toward a future order or request a refund.
    2. Request an additional 5 days for the order to arrive
      When a seller requests an additional 5 days, the buyer will notice an "Open Issues!!" link on the Navigation bar viewed on left side of most Sportlots screens. A buyer can mark the order as received at anytime, however they can only submit a request for a refund after 5 days has lapsed. Then the buyer must submit a request for a refund within the next 5 days or the order will be assumed to be received and no refund will be provided.
    3. Submit Delivery Confirmation
      When a seller enters a delivery confirmation number, the issue is resolved and no refund is provided. The buyer will be supplied the delivery confirmation number via email and it is up to the buyer to confirm the delivery confirmation is both valid and accurate.

    If the seller fails to respond to an open issue after 5 days, the buyer will automatically receive a refund for the settlement offer requested by the buyer.

    Order Not as Described

    When a buyer submits an "Order Not as Described" issue, the buyer and seller will receive an email with each others contact information. The seller should then use this contact information to communicate with the buyer to attempt to resolve the issue. If the two sides can not come to an agreement, Sportlots will require the seller to provide a full refund (including the portion of the shipping costs) after the buyer returns the items(s) at their cost.

    If the seller fails to respond to an open issue after 5 days, the buyer will automatically receive a refund for the missing order.

    COPYRIGHTS AND TRADEMARKS

    All trademarks not owned by Sportlots, LLC that appear on the web site are property of their respective owners. Except as otherwise expressly permitted under copyright law, you may not copy, distribute, transmit, publish or otherwise use any of the copyrighted material or trademarks in violation of applicable law without the express prior written consent of the trademark, copyright or other proprietary rights owner. You also may not post or otherwise make available on the web site any material unless you have the full legal right to do so, including the consent of any copyright, trademark or other proprietary rights owner. By posting or otherwise submitting any material to any area of the web site, including but not limited to auction titles/descriptions, set names and item descriptions, you represent and warrant to Sportlots LLC that you have the full legal right to do so, and you automatically grant to Sportlots LLC (or warrant that the owner of the copyright, trademark or other proprietary rights has granted to Sportlots LLC) a royalty-free, perpetual, irrevocable, license to use, reproduce, modify, publish, and distribute that material in any other form, media or technology now known or hereafter developed, for marketing, promotion, display and other purposes related to Sportlots LLC.

    COPYRIGHT/TRADEMARK INFRINGEMENT

    Sportlots LLC does not undertake any responsibility to attempt to monitor the web site for potential infringement of third parties' intellectual property rights. Sportlots LLC is not liable for any infringement of copyrights, trademarks or other proprietary or intellectual property rights arising out of material posted on or transmitted through the web site or items listed or sold on the web site by buyers, sellers or independent partners or affiliates. If you believe that your rights under United States or international copyright, trademark or other laws are being violated by any materials posted on or transmitted through the web site, contact us promptly by using the “Contact Us” link on Sportlots.com. Sportlots LLC will investigate the situation and if appropriate, remove the offending material or items. It is our policy to disable access to infringing materials, and to terminate access of infringers to the web site.

    In order for us to investigate your claim of infringement, you must provide Sportlots LLC with the following information. Once you have contacted Sportlots LLC we will ask for more detailed information including, but not limited to:

    1. A description of the copyrighted work or other intellectual property that you believe has been infringed
    2. Where the material that you claim is infringing is located on the web site
    3. Your contact information
    4. A physical signature of a person(s) authorized to act on behalf of the owner of the copyright/trademark


    BUYER PROTECTION POLICY

    Overview:

    Sportlots Buyer Protection Policy is meant to help provide protection for buyers when purchasing items from one of Sportlots' preferred sellers. Once a claim is filed, Sportlots will act as a mediator to resolve the issue. Sportlots will collect data from both the buyer and seller and make a determination of correct resolution. If the seller fails to comply with the final decision, Sportlots will reimburse the buyer for the pre-determined amount.

    This policy only applies to items not received or items that are determined as "significantly not as described". An item is "significantly not as described" if the seller clearly misrepresented the details of the item in a way that it greatly affects its value.

    Before contacting Sportlots, the buyer should first go through the normal Issue Resolution process to resolve the issue. This must be done through the Sportlots issue resolution. To do this, go to Sportlots.com and click on the "Paid Orders" link on the left hand side.

    Eligibility

    Buyer complaints must be filed with Sportlots within 180 days of payment. If your claim is determined as justified by Sportlots, recovery of your claim is guaranteed by Sportlots up to the protection levels provided.

    Buyers are limited to one claim per calendar year and three total claims.

    Filing a Claim

    Before filing a claim, you should contact the seller through the issue resolution process provided by Sportlots. if you are unable to resolve the dispute in this manner, you can file a claim with Sportlots. You can contact Sportlots directly by going to sportlots.com and clicking on the "Contact Sportlots" link on the right hand side.

    Sportlots will contact both the seller and buyer to investigate the claim. If the claim involves non-delivery of goods, the seller must present appropriate proof of delivery to the buyer’s specified address. If the claim involves items that are not as described, Sportlots may ask the buyer to provide proof of this. This proof may include pictures or scans of the item and/or shipment of the item directly to Sportlots. If the claim is granted, Sportlots will seek to collect from the seller. If the seller refuses to comply, Sportlots will cover the determined amount. Sportlots reserves the right to remove sellers from the preferred sellers program and/or from selling on Sportlots in the future if they do not comply with Sportlots resolution.

    All costs (including shipping costs) due to the investiagation and resolution a claim is the responsibility of the buyer and seller.

    Refunds as a result of a granted claim will be placed in the buyers Sportlots credit account where the buyer can reuse for future purchases or can go online to request a refund.

    Levels of Coverage

    Buyers have different levels of coverage based on the sellers preferred status.

  • Blue (includes Double Blue) Star preferred sellers: Up to $100 coverage.
  • Red Star preferred sellers: Up to $50 coverage.
  • Yellow Star preferred sellers: Up to $25 coverage.
  • All other sellers: No coverage

    SPORTLOTS AFFILIATE PROGRAM

    Sportlots provides an affiliate program which provides a 3% commission based on the sellers sale of items sold. Affiliates earn this commission based on buyers they direct to Sportlots. Affiliates earn commission for the initial sale and all subsequent orders (up to 1 year) placed by this buyer provided their computer accepts Sportlots cookies. Once the customer registers with Sportlots, the affiliate will earn the commission on Fixed Priced Orders that have been paid for. Commission is on sales, excluding postage and any discounts.

    Buyers must use the instructed URL link provided on the referral screens. Failure to do so will not only mean the loss of commissions on the first order, but any subsequent orders placed by that buyer.

    Sportlots affiliate program is provided to attract buyers to Sportlots fixed price marketplace. Commissions are not earned for sales from Sportlots 1, 2, 3, SOLD auctions

    Sportlots affiliates must not use SPAM to attract buyers to Sportlots. SPAM is generally regarded as unsolicited electronic communication to individuals. If you have any questions on this policy and how it relates to your intended practices to bring buyers to Sportlots, just contact Sportlots for our determination.

    PAYMENT METHODS

    Sportlots allows for payment of items in Sportlots Fixed Price Marketplace or Auctions by using Paypal, Check and Money Order. Sending cash through the mail is accepted but do so at your own risk. All payments must be in US Dollars. Make sure you include your order identification number with payment! This can be done by printing off your invoice or writing the order identification number with your check. Orders paid via Paypal through the check out process will automatically send your order identification number. Failure to include your order identification may result in a delay in processing your order.

    Underpayments due to missing cash in the mail or invalid amounts sent via Paypal or Check/Money order will result in your order not being processed.

    Do NOT combine orders after payment has already been sent for the first item.

    Payment will be made monthly to all Sellers. If sellers do NOT accept Paypal payment and their total monthly payment is less than $25.00, payment will credited to their online Sportlots credit account. All payments to sellers and refunds to buyers will be in US Dollars.

    RESERVATION OF RIGHTS

    Sportlots retains the right, but without any obligation, to terminate or suspend any listing, terminate or suspend any registration, terminate or suspend any auction or sale, prevent or restrict access to the site, or take any other action we consider appropriate in the case of technical problems, material we consider, in our sole and absolute discretion, to be objectionable for any reason whatsoever or for no reason, inaccurate listings, inappropriately listed items, unlawful items, suspicious circumstances, information we receive from 3rd parties or otherwise, at any time, in each case in our sole and absolute discretion, for any reason or for no reason at all, and without any notice to you or any person. We also retain the right to change or discontinue any or all features of the site, at any time and without notice to you or any person.

    COMPLIANCE OF LAWS

    You agree to comply with all applicable laws, rules and regulations relating in any way to your use of Sportlots, including your listing and sale of items, and your bidding for or purchasing items. You may not register under or use a false name. You may not make bids under a false name, impersonate another person, or use another user's password. Fraudulent conduct is a violation of state and federal laws, and is strictly prohibited. We may report any conduct we consider illegal to law enforcement agencies, and we will cooperate with law enforcement agencies in an effort to ensure that violators are prosecuted to the fullest extent permitted by law.

    LINKS

    Sportlots is not responsible for the content of any sites that may be linked to or from Sportlots. Any other site accessed to or from Sportlots is independent from us, and we have no control over the content of those websites. Any links to or from Sportlots does not imply that we endorse or accept any responsibility for the content or use of such other websites.

    RESTRICTIONS ON CONDUCT

    In addition to other restrictions on conduct set forth in this agreement, you agree to use the site for its intended purpose, and not to use it for advertising products or services for purchases or sales outside of Sportlots. Any information obtained from Sportlots (including email addresses, mailing addresses, etc) used in an attempt to advertise products or services outside of Sportlots is prohibited. Furthermore, you agree to use this site for lawful purposes online. You are prohibited from posting on or transmitting through the site any unlawful, harmful, threatening, abusive, and sexually explicit or racially means. Removal of registration and/or listings on Sportlots will occur at our sole discretion for violations of this type of conduct.

    DISCLAIMER AND LIMITATIONS OF LIABILITY

    Sportlots is provided on an "AS IS" available basis. Sportlots and its members do not warrant that the use of this site will be uninterrupted, secure, adequate for your purposes or error-free. Sportlots and its associates do not warrant the stability of the system or the prevention of loss of data or information on the site. You expressly agree that the use of the site is at you sole risk.