Terms and Conditions

General Terms & Conditions: The following terms and conditions apply to every auction posted on the Elite-MerchAuctions.com website. These terms and conditions relate to general website policies and procedures.

Auction-Specific Terms

Terms & Conditions (Auction-Specific): In addition to the website terms, each auction appearing on Elite-MerchAuctions.com has auction-specific terms. Questions and issues relating to a specific auction or transaction must be directed to the auctioneer named as conducting and managing that particular auction. The auction specific terms, found below each auction item picture and description, lists the name and phone number of the individual authorized by the auctioneer to conduct and manage that specific auction on their auction company's behalf. By placing a bid on Elite-MerchAuctions.com, bidders are verifying they are at least 18 years old and acknowledging they understand and will comply with both the Elite-MerchAuctions.Com website terms and the auction specific terms. Bidders are responsible for knowing and abiding by the website and auction terms. Failure to do so will result in the termination of bidding privileges on Elite-MerchAuctions.com, reinstatement is at the discretion of Elite Merch.

Who is Elite-Merch?

Elite Merch Online Auctions’ role in the auctions listed on Elite-MerchAuctions.Com is limited to providing the venue for auctioneers to host auctions. Elite Merch is responsible for maintaining the Elite-MerchAutions.com website. Elite-MerchAuctions.com serves as the venue used by independent auction companies (Auctioneers) to present their online auctions to bidders.

Anyone found to be using Elite Merch logos will be immediately removed from Elite-MerchAuctions.com and Elite-Merch.Com. Legal action will be taken.

Elite Merch makes no other warranties, either express or implied, with respect to the products, or any related services performed by Elite-MerchAuctions.com or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of merchantability or fitness for a particular purpose.

Bidders and Auctioneers agree that Elite Merch shall not be liable for personal injury and property damage resulting from the use, improper handling, modification, or misuse of the products by you or any other person after asset removal. In no event shall Elite Merch be liable to you or any other person for incidental or consequential damages including, but not limited to, loss of profits or goodwill, loss-of-use damages or additional expenses incurred, personal injury, whether pursuant to a claim in contract, tort, or otherwise, and whether in an action for breach of warranty or otherwise.

Who is the Auctioneer?

Auctioneers are not employees, agents, representatives, or partners of Elite Merch. Elite Merch’s knowledge about individual auctions and individual auction transactions are limited to the information appearing on the website.

Who is the Bidder/Buyer?

Registration: A bidder is an individual or company/entity over the age of 18 years old that is registered on Elite-Merch.Com. Valid Identification is required, and the full legal name must be registered. Any attempt to register with a name other than your own is considered Identity Fraud. During the registration process, bidders will choose a password. This password is immediately encrypted and is known only to the bidder. All bidders must register with this site and provide valid credit card information before participating in any auction. By registering as a bidder with this site, or by placing a bid on any auction found on this site, you agree to be bound by these terms and conditions in addition to any other terms and conditions that may apply to a specific auction.

Bidder Number Assigned: A unique bidder number is provided to a bidder upon completing the registration form. Bidders are responsible for keeping the contact information associated with their bidder number up to date and accurate. Bidders are held accountable for every bid placed with their bidder number.

Placing Bids: Prior to placing a bid on an auction, the bidder should review the auction information and details included in the 4 tabs (Details, Terms, Directions and Shipping) at the bottom of each auction page. By placing a bid in an auction, a bidder is making a binding offer to purchase the asset indicative of the bid placed with their bidder number. Bidders are responsible for honoring their bids if they receive a winning bidder invoice. Failure to do so will trigger the remedies set forth in these terms and conditions.

If you do not want an item, don't bid on it. Once placed, bids will not be retracted.
Every bid placed on Elite-Merch.com is considered to be a commitment to purchase the asset for the bid amount. Elite-Merch prohibits affiliates from placing bids on their own auctions and sellers (or their agents) placing bids on their own assets. Bids placed with any intent other than to purchase the asset for the bid amount, is fraud. Elite-Merch will prosecute bidders who engage in fraudulent bidding. Elite-Merch terminates the bidding privileges of bidders who fail to honor their winning bidder invoices. Bidders who lose their bidding privileges are prohibited from placing bids on Elite-Merch.com. Placing bids using another bidder’s number or registering for a new bidder number is an act of fraud. Elite-Merch will prosecute bidders who engage in fraudulent bidding.

Bidder's Responsibilities

Bidders are responsible for understanding how to use the Elite-Merch.com bidding platform prior to placing bids. Training videos and instructions are available on Elite-Merch. Com website. If bidders require further assistance, they should contact Elite-Merch directly. If bidders have questions regarding a specific auction or item, the bidder must contact the affiliate directly who is hosting the auction.

You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account's being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with such a resale and (2) any deficiency between your original purchase price and the resale price.

These remedies are in addition to any other remedies or claims Auctioneer might have under any governing terms and conditions or applicable law.

You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid – even a bid that increases your own, lower bid – was made in error. Many bidders routinely increase their own bids to price an item out of the reach of other bidders.

Winning bidders must pay their invoices and remove their assets from the auction location during the scheduled removal date and time indicated for the auction. If you are unable to remove the asset (s) during the scheduled removal time, you may contact the Affiliate facilitating the auction to arrange for an alternative pickup. The Affiliate is under no obligation to oblige a bidder’s request to make special accommodations. Affiliates address auction specific removal and shipping instructions in the auction Terms, Details and Shipping tabs located at the bottom of each page of the auction. It is important for bidders to recognize affiliates are under no obligation to provide alternative removal times or shipping for the assets in their auctions.

Winning bidders who fail to attend the removal and haven’t made alternative arrangements with the affiliate prior to the removal day, lose claim to the assets on their winning bidder invoice. The affiliate conducting the auction will decide how unclaimed assets will be handled. The second highest bidder will not automatically be given the opportunity to purchase unclaimed assets for their highest bid. If the asset is resold for an amount less than the original highest successful bid, the original winning bidder is obligated to pay the difference in the sales price (bid + buyer’s premium).

Suspicious Activity: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an email to admin@elite-merch.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.

Know and Abide

Bidders are responsible for knowing and abiding by the website and auction terms. Failure to do so will result in the termination of bidding privileges on Elite-Merch.com, reinstatement is at the discretion of Elite-Merch.Com.

Auction Process

Pictures and Descriptions: Lot descriptions and pictures are intended to provide bidders with information for assisting the bidder in determining asset value. While the information on each asset is deemed to be accurate and include relevant information affecting the value of the asset, bidders should not rely solely on the item descriptions and pictures as their only means for determining an asset's value.

Bidders have sole responsibility for determining an asset's value. By placing a bid, the bidder waives any and all claims against the affiliate based on the condition or value of items. Bidders further agree that mistakenly placed bids or buyer's remorse because the bidder did not inspect the item or because the item is not suitable for a particular purpose will not justify failing to complete the purchase or attempting to obtain a refund on the item.

Physically inspecting an asset is the best way for a bidder to determine its value. Affiliates are required to schedule inspections for every auction they conduct on Elite-Merch.com. Bidders are strongly encouraged to ALWAYS inspect assets prior to bidding.

In some photographs, multiple items may appear to be joined as a single unit, however, you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Do not assume a lot consists of more than one item simply because they are arranged together.

Errors occasionally occur in listings. If you feel there is a discrepancy or error between a listing and a photo, contact the specific Affiliate facilitating the auction with the item in question. Every bid is considered to be an offer to purchase the asset for the bid amount. By placing a bid, the bidder waives any and all claims against the affiliate based on the condition or value of items.

Physical Inspection by the Bidder before bidding is important and part of the bidder’s due diligence.

Inspection Opportunities

Each Affiliate is REQUIRED to provide an “Inspection Time” that allows bidders or potential bidders to physically view the items at the location of the specific auction. Each Affiliate has different terms & conditions in regard to their Inspection Time, so take special care to refer to the Inspection and Removal times listed under each auction. This time could be specific hours or could be by appointment only.

Inspections are open to all interested parties for a complete examination of the assets. When not certain of the condition, completeness, or suitability for the intended use of an item, please bid accordingly.

AS IS, WHERE IS

All items are sold AS IS, WHERE IS. Elite- Merch.Com makes NO WARRANTY OR REPRESENTATION, either expressed or implied, as to the condition of items to be sold, authenticity, completeness, merchantability, or their suitability for any purpose. Placing a bid is indicative of the intent to purchase. All winning bids must be paid by the bidder who placed the highest bid amount. Bids cannot be deleted. Bidders have sole responsibility for determining an asset's value. Bidders must conduct whatever due diligence is necessary for them to assess value prior to placing a bid. Bidding strategies and amounts should be based on the asset research conducted by the bidder.

If you receive an item that is damaged, does not work, or is missing pieces and it was not listed as such in the description, you are eligible to apply for a refund. No other reasons for a refund will be accepted and no other refunds will be given as there is no expressed or implied warranty. Eligible refund issues do not include (and are not limited to) a change in buyer intent (deciding you do not want the item), failure to completely and thoroughly read the terms of the auction or the description of the item(s), or failure to collect your items within the allotted time frame.

Reserves

Assets requiring a minimum bid price to sell, appear on Elite=Merch.com with "Reserve Not Met" below the Next Required Bid information in the lot description. Once the high bid reaches the required minimum bid, the message changes to "Reserve Has Been Met” but the bidding will continue. The lot will be sold to the highest bidder.

Auctioneers may lower a lot reserve at any time before or after an auction closes. If the reserve is lowered while the auction is in progress, the applicable reserve message will appear below the Next Required Bid information (Reserve Not Met or Reserve Has Been Met); the asset will sell to the high bidder if the lowered reserve amount is met. If the reserve is lowered after the auction closes, the highest bidder at the auction close will receive a winning bidder invoice.

Soft Close

Each auction has a scheduled closing time. This is the time the first lot on the auction is scheduled to begin closing. Each asset within the auction will begin closing at the time indicated for that asset.

Elite-Merch.com extends the closing time of a lot if a bid is placed on the lot in the final minutes prior to the indicated close time. Each time an additional bid is placed, the countdown clock resets to a few minutes (the extension time may vary). A lot will not close until the full extension time has expired since the last bid was placed. For example: If a lot is scheduled to close at 6:30 pm and a bid is received at 6:29 pm, the countdown clock will reset to 5 minutes from 6:29 pm. If no other bids are placed, the lot will close at 6:34 pm. If an additional bid is placed at 6:31 pm, the countdown clock will reset to 5 minutes and the lot will not close until 6:36 pm.

Information on bidding pages will be updated in real time. Bids placed by other bidders will update as you view the page. Time remaining will count down.

Auction Invoices

Bidders are notified of their successful bids within a few hours of the scheduled auction closing, via a winning bidder invoice appearing on their Dashboard. Winning bidders (also referred to here as "Buyers") are responsible for monitoring their Dashboards and fulfilling the auction terms associated with each winning bidder invoice appearing on the Dashboard. At the time an auction closes, the sale of the asset becomes a legally binding agreement between the winning bidder and the affiliate. The bidder is required to purchase the asset and the affiliate is required to sell the asset for the high bid amount plus the buyer's premium and all required fees and taxes.

Buyer's Premium and Sales Tax

The winning bidder is charged a buyer's premium for every asset sold on Elite-Merch.com. The buyer's premium appears on the invoice and is based on the winning bid total. The winning bid plus the buyer's premium, plus applicable tax represents the actual sale price of each asset.

Invoices that include assets subject to sales taxes will have the appropriate sales tax amount included on the invoice. Sales taxes are calculated on the sale price (winning bid + buyer's premium) for each asset included on the invoice. Fees and taxes will be charged on all applicable assets; the only exception to this is if the winning bidder completes the exemption documentation required to waive the fees and/or taxes, before taking possession of the assets.

Transfer of Ownership/Risk of Loss

At the time the winning bidder pays his invoice in full, ownership of the asset and risk of loss passes immediately to the bidder. If a winning bidder pays his invoice in full but does not take possession of the assets during the removal day, ownership and risk of loss will still transfer to the bidder. Assets are NOT guaranteed to be held for any specific amount of time beyond the Specified Removal time designated by the Affiliate. It is the Buyer’s responsibility to remove the asset(s) purchased during the indicated removal schedule.

All Sales are FINAL

All sales are final unless stated otherwise, and NO REFUNDS will be given for any reason, including but not limited to bidding errors, posting errors, or condition of items. If Buyer, or Buyer's employees, agents, or assigns attempt to initiate a chargeback process through Buyer's lender or credit card company, or other credit-issuing entity, in contravention of Elite Merch’s No Refund Policy, Buyer shall be liable for all costs and expenses Elite Merch incurs, including reasonable attorneys' fees, to dispute such chargeback process, including all costs and fees related to any resulting litigation or dispute resolution process.

Bidding is a commitment to purchase

Every bid placed on Elite-Merch.com is a commitment to purchase the asset for the bid amount. Elite-Merch prohibits affiliates from placing bids on their own auctions and sellers (or their agents) placing bids on their own assets. Bids placed with any intent other than to purchase the asset for the bid amount constitute fraud.

Elite Merch may in its sole discretion terminate the bidding privileges of any bidder that fails to abide by these terms and conditions, including, but not limited to, bidders who fail to complete a purchase after receiving a winning bid invoice. Bidders who lose their bidding privileges are prohibited from placing bids on Elite-Merch.com

Elite Merch will report any bidders engaged in fraudulent bidding to the appropriate authorities for prosecution and may at its discretion seek any civil remedies available to it under applicable law.

Changes in Auction or Circumstance

All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to – at any time – (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction's closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers', sellers', or other parties' interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer's earned commission and the buyer's premium due to the Auctioneer from the seller.

Elite Merch reserves the right to add or remove items from an auction, split or combine lots, add minimum bids or reserve prices, cancel, suspend, extend or reschedule an item and/or auction event, and make changes to the auction closing, inspection, or removal times.

Failure to Remove

Once an auction has ended, the items become the property of the winning bidder (Buyer). Buyer assumes all risk of loss and damage to property from that point forward, including at the premises of the sale. The removal date and time will be posted clearly in the terms and conditions of each item.

Bidders should not place bids on an auction if they are unable to remove items at the scheduled time for removal unless they have made alternative removal or shipping arrangements with the affiliate.

It is important for bidders to recognize affiliates are under no obligation to provide alternative removal times or shipping for the assets in their auctions.

Failure to remove purchased items during time allotted pick-up time will result in a storage fee of $100.00 per day, per invoice. Items remaining at the sale location after the pick-up day(s) will be considered abandoned and will only be available at the auctioneer's discretion. Ownership of item will then revert to party with primary vested interest in the item and any funds paid shall be forfeited. The buyer agrees to pay all costs and fees associated with delinquent accounts, abandoned items, and forfeited items, including but not limited to legal, collection, and other fees including transportation and storage expenses. All premiums and fees remain applicable.

Winning bidders who fail to attend the removal and haven't made alternative arrangements with the affiliate prior to the specified removal time lose claim to the assets on their winning bidder invoice.

The Auctioneer/Affiliate will decide how unclaimed assets will be handled. Affiliates are encouraged to keep record of bidders who habitually request alternative times to remove their items. Upon the Affiliates’ discretion, the second highest bidder may be given the opportunity to purchase unclaimed assets for their highest bid. If the original bidder has defaulted on the payment obligation, that bidder remains liable for all claims and remedies agreed upon in these terms and conditions and that may apply under applicable law.

NO SHOW POLICY

By placing a winning bid, bidders become Buyers. Buyers have promised (and thus are obligated) to complete the purchase in accordance with these terms and conditions. Elite-Merch, its Affiliates, and its sellers rely on the Buyer's promise to pay for the items.

Elite-Merch.com is geared toward business and commercial enterprises and others with knowledge of and experience with online auctions, Elite-Merch anticipates that bidders know or should know that a significant number of items sold at Elite-Merch auctions must be removed from their current locations within the designated amount of time after the auction closes or else the Affiliates may incur significant losses.

If the Buyer fails to complete the purchase and retrieve the items as agreed in these terms and conditions, Elite-Merch will suffer significant harm, including but not limited to the loss of Elite-Merch commission and buyer's premium, costs, and expenses to re-auction or otherwise sell the item, costs of storage or disposal of the items, and damage or loss of Elite-Merch business relationships with its clients and sellers.

If a winning bidder (i.e. Buyer) fails to complete the purchase within the time allotted, Elite-Merch will consider the bid abandoned. In such cases, Elite-Merch may charge a cancelation fee of 20% of Buyer's final purchase price in addition to the total amount of the invoice. By agreeing to these terms and conditions, you specifically authorize Elite-Merch to charge the cancelation fee to the credit card on file.

Website Interruption

Elite-Merch is committed to doing everything possible to ensure the reliability of our website. Unfortunately, there are factors outside our control that can impact access to Elite-Merch.com. If Elite-Merch.com becomes inaccessible at any point during an auction closing, the following protocol may be followed.

Auctions that have closed prior to the website going down, will remain closed and the winning bidder invoices will be sent out.

Auctions in the process of closing, regardless of how many lots have closed or have yet to close, will be reopened and the auction closing will be extended by 24 hours. Lots that closed prior to the website going down, will be reopened for bidding; the winning bidder will be the lead bidder upon the website becoming accessible again.

Auctions scheduled to begin closing during the time the website is inaccessible, and for the 15 minutes following the website coming back online, will have the auction closing time extended by 24 hours.

Auctions scheduled to close more than 15 minutes after the website becomes accessible again, will close at the scheduled time. In the event of a website interruption not covered by one of the above scenarios, Elite Merch reserves the right to make the final determination of how the auction will be handled.

Elite Merch provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Elite Merch shall not be liable for any damage incurred by auction users or third parties from using Elite Merch services. Elite Merch shall not be liable for damage that occurs due to bids not being received by Elite Merch, not being received promptly, or not being considered as a consequence of technical errors.

Dispute Resolution

By agreeing to these Terms & Conditions, You and Elite-Merch each waive the right to a jury trial or to participate in a class action. Further, You agree that any and all disputes, claims, and causes of action relating in any way to Your use of Elite-Merch, including Your use prior to agreeing to these Terms & Conditions, or to any products sold by Elite-Merch will be resolved by binding arbitration, rather than in court, except that, claims may be asserted in small claims court when applicable.

You agree that any and all claims, disputes, and causes of action between You and Elite-Merch, including those relating to Your use of the Elite-Merch website or these Terms & Conditions (each a "Dispute" and collectively, "Disputes"), shall be resolved as set forth in this section. Before initiating any formal dispute resolution proceedings, You agree to negotiate with Elite-Merch regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to Elite-Merch in a manner specified in the "Notices" section below. If Elite-Merch and You do not reach an agreement regarding a Dispute within 30 days following Elite Merch receipt of the Notice of Dispute, Elite Merch and You agree to submit such Dispute to binding arbitration, on an individual basis, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA rules"). The AAA rules are available online at adr.org. The proceedings shall be governed by the Federal Arbitration Act, and the award shall be final and binding, may be enforced in any court of competent jurisdiction, and shall not be subject to appeal.

Disclaimer of Warranty and Liability Regarding Use of Elite-Merch.com

You agree that use of Elite-Merchauctions.com is at your sole risk. Neither Elite-Merch nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Elite-Merch, or the like, warrant that websites affiliated with Elite-Merch, including, but not limited to, Elite-Merch, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on Elite-Merch may contain inaccuracies or typographical errors. Elite-Merch makes no warranty as to the results that may be obtained from the use of Elite-Merch or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Elite-Merch. Elite-Merch shall not be responsible for any opinions, views, advice, or statements posted on Elite-Merch (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Elite-Merch spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Elite-Merch spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.

Your use of Elite-Merch is at your sole risk. This website, including the service and software, is provided by Elite-Merch, on an "As is" and "As available" basis. To the fullest extent permissible by applicable law, Elite-Merch disclaims all implied warranties, including, but not limited to, implied and statutory warranties of merchantability, fitness for a particular purpose, and non-infringement.

Elite-Merch makes no representations or warranties of any kind, express or implied, as to the operation of Elite-Merch, security of the website, the results that may be obtained from Elite-Merch, the availability of any goods or services offered on or through the website, including e-mail, or the information, content, materials, or products included on the website. Without limiting the foregoing, Elite-Merch does not warrant that the materials are accurate, reliable or correct, that the site will meet your requirements, that the site will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected, or that the materials are free of viruses or other harmful components. Any service or software downloaded or otherwise obtained by utilizing the website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or installation of any such material. Some states or other jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

No advice or information, whether oral or written, obtained by you from the website or service shall create any warranty not expressly stated in these terms & conditions. You expressly understand and agree that Elite-Merch will not be liable for any damages of any kind arising from the use of or inability to use the website, software, or any related services, including, but not limited to, direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if provider has been advised of the possibility of such damages).

The limitations of this section shall apply notwithstanding any reliance on any information obtained from Elite-Merch or that results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to provider records, programs, or services, and whether or not Elite-Merch has been advised of the possibility of such damages. User hereby acknowledges that this limitation shall apply to all content, merchandise, and services available through Elite-Merch.

This limitation of liability shall apply whether the damages arise from assembly, use or misuse of or reliance on Elite-Merch services or items purchased through Elite-Merch, from inability to use Elite-Merch services or items purchased through Elite-Merch, or from the interruption, suspension, or termination of Elite-Merch services (including such damages incurred by third parties). Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnity

You agree to indemnify, defend, and hold Elite Merch and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from all claims, demands, suits, liability, costs, and expenses, including reasonable attorneys' fees, arising out of, or in connection with (i) your the use of Elite Merch website or any of the services offered by Elite Merch, (ii) any violation of these Terms & Conditions by you, (iii) any violation of applicable law or court order by you, and (iv) any negligence or willful misconduct by you.

Attorney's Fees

You agree that Auctioneer/Elite-Merch shall be entitled to recover its reasonable attorneys' fees, costs, and expenses incurred to enforce any of the provisions in these terms and conditions and to prosecute or defend any claims or lawsuits or other dispute resolution proceedings arising out of bidder/buyer's participation in any auction.

Remedies

The remedies and claims available to the parties under any applicable terms and conditions are in addition to any other claims or remedies the parties may have under applicable law.

Applicable Law & Severability Clause

This Terms & Conditions Agreement and Your use of Elite -Merch shall be governed by the laws of the United States of America and the State of Kansas. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Kansas. You agree to accept the jurisdiction of such courts.

Void outside of the United States. Void where prohibited or restricted by law. If You open an account or participate in auctions offered by Elite Merch while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that Elite-Merch cannot be held liable if laws applicable to You restrict or prohibit Your participation.

The UN Convention on the International Sale of Goods shall not apply.

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to affect the original intent of these Terms & Conditions as closely as possible.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Any waiver of any provision by Elite Merch of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by Elite Merch.

Notices

Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to Elite-Merch by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to Elite Merch Inc P.O. Box 16442 Wichita, KS 67218.

The above-stated Terms and Conditions for Elite Merch Auctions cannot be altered except in writing by Elite Merch. These terms and conditions are in addition and supplement any other applicable terms and conditions governing the use of Elite Merch.