THE MIAMI HEAT “MIAMI MASHUP” OFFICIAL COMMEMORATIVE NFT COLLECTION
UNLESS YOU OPT OUT, THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
We also reserve the right to change, modify, or discontinue any portion of the Site or our Collection on the Marketplace without notice, on a temporary or permanent basis. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance.
4. Accuracy and Availability of Products and/or Services
We may make improvements or changes to the Site or Collection as listed on the Marketplace, at any time without notice.
5. Auction Items / Purchases
Through the Marketplace you will be able to bid on and purchase an NFT from the Collection. Each 1-of-1 Collection item includes a Special Offer and will be offered for sale on the Marketplace via an English styled auction (the “Auction”), which means that you will have the opportunity to purchase a Collection item with a Special Offer by successfully providing the highest bid. The Heat is under no obligation to complete the transaction if it does not meet the reserve price.
All other Collection items will be offered for sale on the Marketplace at a set price, on a first come first served basis.
6. Special Offers
a. Miami Mashup Pass (3):
i. The purchaser and/or holder of each of the 1-of-1 Miami Mashup NFTs will have the opportunity to receive a custom designed Miami Mashup NFT, an Infinite Objects video print of a version of the NFT, and a custom, limited-edition Miami Mashup jersey.
ii. Custom jerseys and digital frames have a maximum of 13 characters. Acceptable characters are A through Z. No numbers are allowed. Spaces count toward character limit. Content deemed inappropriate, derogatory, or profane will not be accepted. All customizations are subject to Heat approval.
iii. All custom orders are final and non-returnable. Custom orders cannot be cancelled or modified after the custom order has been submitted.
iv. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any Infinite Objects products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors associated therewith will be corrected.
b. Miami Mashup Campaigns (8):
i. The purchaser and/or holder of each first NFT edition of a series of Collection items (i.e., 1-of-50 Miami Mashup Campaign NFTs) will have the opportunity to receive an Infinite Objects video print of a version of the applicable NFT.
ii. All custom orders are final and non-returnable. Custom orders cannot be cancelled or modified after the custom order has been submitted.
iii. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any Infinite Objects products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors associated there with will be corrected.
Special Offers are limited to the eleven (11) NFT Collection items expressly referenced above. All editions 2-50 of the Collection items do not include Special Offers.
Holders of Special Offer NFTs will be notified by email, via the email address provided on the Redemption Page, on or about March 28, 2022 to confirm customization. You will be required to respond to the Heat’s email notification by April 1, 2022 at 5:00 PM EST. Failure to respond and confirm receipt, may result in forfeiture of the Special Offer. Any e-mail notification or Special Offer returned to the Heat or its designees as undeliverable will result in forfeiture. To help avoid our email notifications from being routed to your spam folder, please add our email address at email@example.com to your “Contacts” list.
Arrangements for delivery of the Special Offers will be made after holder’s verification. The Heat or its designees will confirm the shipping address provided on the Redemption Page and/or email once the items are ready for shipment. Production and delivery of the physical memorabilia varies and may take up to six (6) months to receive.
All purchases of the Collection, as well as associated charges, are non-refundable/returnable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Collection, any disruption to the operations of any components of the Collection, or any other reason whatsoever.
You acknowledge and agree that the Heat owns or has valid right or license to use all art, written content, designs, layout, photographs, graphics, images, illustrations, logos, taglines, drawings, audio, audio-visual, sound or video clips, animation, and other content as well as all trademarks, copyrights, and all other intellectual property rights belonging to or identifying the Heat, its mascot, the NBA, and all other related indicia associated with the Collection (collectively, the “Content”). Except as set forth herein, you may not copy, imitate, or use any Content, in any way, without our prior written permission or the permission of the respective owner. The rights that you have in and to the Licensed NFT (defined below) are limited to those expressly stated in Section 8. Except as specifically provided below, we reserve all rights to the Licensed NFT, Collection, and Content.
a. modifies the Licensed NFT, Collection, or Content in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes;
b. uses the Licensed NFT, Collection, or Content to advertise, market, or sell any product or service;
c. uses the Licensed NFT, Collection, or Content in movies, videos, or any other forms of media, except solely for Your own personal, non-commercial use;
d. sells, distributes for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Licensed NFT, Special Offers, Collection, or Content;
e. otherwise utilize the Licensed NFT, Collection, or Content for your or any third party’s commercial benefit;
f. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive;
g. violates, plagiarizes or infringes the Heat’s, NBA’s, or any other entity’s or someone else's legal rights, including, without limitation, patent, trademark, trade secret, copyright, or other intellectual property or other rights, privacy, publicity, or other rights;
h. removes any proprietary notices or labels on the Licensed NFT, Collection, or Content;
i. advocates or solicits violence, criminal conduct, or the violation of any local, state, national, or international law or the rights of any third party;
j. is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
k. specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
l. constitutes unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
m. interferes with others using or accessing the Site or Auction;
n. contains software viruses, worms, time bombs, corrupted files, Trojan horses, or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment;
o. contains a charity request, petitions for signatures, chain letters, or letters relating to a pyramid scheme;
p. uses any robot, spider, or other such programmatic or automatic device, including, but not limited to, automated dial-in or inquiry devices, to obtain information from the Site Auction, the Heat, or otherwise monitor or copy any portion of the Site, Auction, products, and/or services;
q. creates a false identity for the purpose of misleading others;
r. prepares, compiles, uses, downloads, or otherwise copies any user information and/or usage information or any portion thereof, or transmits, provides, or otherwise distributes (whether or not for a fee) such information to any third party;
s. uses any of our copyrights or trademarks or our domain name as a pseudonymous return email address;
t. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
u. attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Site, Auction, Collection, or Licensed NFT;
v. systematically collects and uses any of the Site, Auction, or Collection, including the use of any data mining, or similar data gathering and extraction methods;
w. makes derivative uses of the Site, Auction, Collection, or the Content;
x. uses, frames, or utilizes framing techniques to enclose any portion of the Auction, Collection, Content, or Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page); and/or
10. Termination of the License.
11. Links to Third-Party Sites
12. Limitation of Liability
IN NO EVENT WILL THE HEAT, BASKETBALL PROPERTIES, LTD, THE NBA AND ITS MEMBER TEAMS, NBA PROPERTIES, INC., NBA MEDIA VENTURES, LLC, THE RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS OF ANY OF THE FOREGOING, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, PARTNERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, DESIGNEES, OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, WORK STOPPAGE, OR COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR OTHERWISE WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR BASED ON ANY OTHER CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE AUCTION, COLLECTION, SPECIAL OFFER, LICENSED NFT, CONTENT, ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE AUCTION, INCLUDING BUT NOT LIMITED TO, THE MARKETPLACE, BLOCKCHAIN, CRYPTOCURRENCIES, ANY DIGITAL WALLET, INCLUDING WITHOUT LIMITATION, THE FTX WALLET, THE USE OR INABILITY TO USE THE SITE, AUCTION, COLLECTION, MARKETPLACE, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE MARKETPLACE, SITE OR AUCTION; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN CONNECTION WITH THE MARKETPLACE, SITE, AUCTION, SPECIAL OFFER, COLLECTION, LICENSED NFT, AND ANY OTHER MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE, AUCTION, OR MARKETPLACE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, SPECIAL OFFER, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE, AUCTION, OR MARKETPLACE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MARKETPLACE, THE SITE, OR AUCTION; (F) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, PANDEMIC, GOVERNMENT ORDER, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE RELEASED PARTIES’ REASONABLE CONTROL; OR (G) ANY OTHER MATTER RELATING TO THE SITE, AUCTION, OR MARKETPLACE EVEN IF YOU HAVE OR CLAIM TO HAVE NOTIFIED THE RELEASED PARTIES ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, UNLESS OTHERWISE PROVIDED FOR BY LAW, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BEYOND THOSE CONTAINED HEREIN. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, AUCTION, COLLECTION, LICENSED NFT, SPECIAL OFFER, CONTENT, MARKETPLACE, FTX WALLET, SERVICE, OR ANY CONTENT ON THE MARKETPLACE, UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF OUR OR THEIR NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, AUCTION, COLLECTION, AND LICENSED NFT TO YOU, AND WE WOULD NOT PROVIDE THE SITE, AUCTION, COLLECTION, AND LICENSED NFT TO YOU WITHOUT THIS LIMITATION.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, AUCTION, COLLECTION, AND LICENSED NFT IS TO STOP USING THE SITE, AUCTION, COLLECTION, AND LICENSED NFT.
13. DISCLAIMER OF WARRANTIES / ASSUMPTION OF RISK
THIS SITE, THE AUCTION, COLLECTION, SPECIAL OFFERS, AND LICENSED NFTS ARE MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AS PART OF THE AUCTION AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
IN ADDITION, THE RELEASED PARTIES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT: (A) THIS SITE, AUCTION, COLLECTION, OR MARKETPLACE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THIS SITE AND THE AUCTION WILL BE TIMELY, CONTINUOUS, AND WITHOUT INTERRUPTION; (C) THIS SITE AND THE AUCTION WILL BE SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR BE ERROR-FREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE OR AUCTION WILL BE ACCURATE, COMPLETE, OR RELIABLE; (E) THE QUALITY OF ANY SPECIAL OFFERS, LICENSED NFTS, COLLECTION, OR ANY OTHER PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR AUCTION WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN OUR SITE, AUCTION, OR COLLECTION WILL BE CORRECTED.
THE RELEASED PARTIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND ANY AND ALL WARRANTIES OF TITLE, ACCURACY OF DATE, AND/OR NON-INFRINGEMENT, UNLESS OTHERWISE PROHIBITED BY LAW. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
YOU VOLUNTARILY ASSUME THE FOLLOWING RISKS AND DANGERS: (A) TO THE EXTENT THERE IS A PRICE OR MARKET FOR A BLOCKCHAIN ASSET SUCH AS AN NFT, SUCH MARKETS AND PRICES ARE EXTREMELY VOLATILE, AND VARIATIONS IN THE PRICE OF OTHER DIGITAL ASSETS COULD MATERIALLY AND ADVERSELY AFFECT THE VALUE OF ANY DIGITAL ASSET(S) YOU OWN, INCLUDING YOUR LICENSED NFT, AND THERE IS NO GUARANTEE THAT YOUR LICENSED NFTS WILL HAVE OR RETAIN ANY VALUE; (B) THE COMMERCIAL OR MARKET VALUE ON A LICENSED NFT THAT YOU PURCHASE MAY MATERIALLY DIMINISH IN VALUE AS A RESULT OF A VARIETY OF REASONS; (C) THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-NATIVE ASSETS (E.G., NFT, CRYPTOCURRENCIES, ETC.) INCLUDING, BUT NOT LIMITED TO, THE RISK OF HARDWARE, SOFTWARE AND INTERNET CONNECTIONS AND/OR FAILURES, THE RISK OF MALICIOUS SOFTWARE INTRODUCTION, AND THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR DIGITAL WALLET OR ELSEWHERE, AND THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR ANY OF THESE, HOWEVER CAUSED; (D) THE RELEASED PARTIES DO NOT MAKE ANY PROMISES OR GUARANTEES ABOUT THE AVAILABILITY OF THE LICENSED NFT, COLLECTION, OR CONTENT ON THE INTERNET OR THAT THEY WILL HOST THE LICENSED NFT, COLLECTION, OR CONTENT AT ANY SPECIFIC LOCATION AND/OR FOR ANY SPECIFIC PERIOD OF TIME; (E) UPGRADES TO THE SOLANA PLATFORM, A HARD FORK OR OTHER CHANGE IN THE SOLANA PLATFORM, A FAILURE OR CESSATION OF SOLANA , OR A CHANGE IN HOW TRANSACTIONS ARE CONFIRMED ON THE SOLANA PLATFORM MAY HAVE UNINTENDED, ADVERSE EFFECTS ON ALL BLOCKCHAINS USING SUCH TECHNOLOGIES, INCLUDING WITHOUT LIMITATION, LICENSED NFTS; (F) THE RELEASED PARTIES DO NOT MAKE ANY PROMISES OR GUARANTEES RELATED TO ANY DIGITAL WALLET, INCLUDING THE FTX WALLET, THE MARKETPLACE, BLOCKCHAIN OR ANY OTHER THIRD PARTIES RELATED TO THIS AUCTION AND EACH OF THEIR APPLICATIONS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO, THE CONTINUED AVAILABILITY OF EITHER AND/OR THE PROTECTION AND/OR STORAGE OF ANY DATA YOU PROVIDE TO THOSE PARTIES; (G) THE RISK OF LOSING ACCESS TO LICENSED NFT DUE TO LOSS OF PRIVATE KEY(S), CUSTODIAL ERROR OR PURCHASER ERROR; (H) THE RISK OF MINING ATTACKS; (I) THE RISK OF HACKING, SECURITY WEAKNESSES, FRAUD, COUNTERFEITING, CYBER-ATTACKS AND OTHER TECHNOLOGICAL DIFFICULTIES; (J) THE RISK OF CHANGES TO THE REGULATORY REGIME GOVERNING BLOCKCHAIN TECHNOLOGIES, CRYPTOCURRENCIES, AND TOKENS AND NEW REGULATIONS, UNFAVORABLE REGULATORY INTERVENTION IN ONE OR MORE JURISDICTIONS OR POLICIES ANY OF WHICH MAY MATERIALLY ADVERSELY AFFECT THE USE AND VALUE OF THE LICENSED NFT; (K) THE RISKS RELATED TO TAXATION; (L) THAT NFTS ARE NOT LEGAL TENDER AND ARE NOT BACK BY ANY GOVERNMENT; AND (M) THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY (E.G., YOUR TRANSFER OF A LICENSED NFT FROM A THIRD PARTY ON THE SO-CALLED “SECONDARY MARKET”), AND THE RELEASED PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH TRANSACTION. IN ADDITION TO ASSUMING ALL OF THE ABOVE RISKS, YOU ACKNOWLEDGE THAT YOU HAVE OBTAINED SUFFICIENT INFORMATION TO MAKE AN INFORMED DECISION TO LICENSE THE LICENSED NFT OR OTHERWISE INTERACT WITH THE AUCTION AND THAT YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE NATURE, POTENTIAL VALUE, SUITABILITY AND APPROPRIATENESS OF THESE RISKS FOR YOURSELF. THE RELEASED PARTIES CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY LICENSED NFT, COLLECTION, SPECIAL OFFERS, OR ITS SUPPORTING SYSTEMS OR TECHNOLOGY, IS RELIABLE, CURRENT OR ERROR-FREE, MEETS YOUR REQUIREMENTS, OR THAT DEFECTS IN THE LICENSED NFT, COLLECTION, SPECIAL OFFERS, OR ITS SUPPORTING SYSTEMS OR TECHNOLOGY, WILL BE CORRECTED. THE RELEASED PARTIES CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE LICENSED NFT, INCLUDING SPECIAL OFFERS, OR THE DELIVERY MECHANISM FOR IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACCEPT AND ACKNOWLEDGE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE RELATED TO THE AUCTION.
14. Governing Law
15. Dispute Resolution
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Alan Fein, Esq., at 150 West Flagler Street, Suite 2200, Miami, Florida 33132. THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse the foregoing fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Notwithstanding the foregoing, you and the Heat agree not to seek any attorney's fees and expert-witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. You and the Heat understand that, absent this mandatory arbitration provision, you and the Heat would have the right to sue in court and have a jury trial. You and the Heat further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules in Miami-Dade County, Florida. You and the Heat agree to submit to the personal jurisdiction of any state or federal court in Miami-Dade County, Florida to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: ATTN: EVP / Chief Legal Officer, 601 Biscayne Boulevard, Miami, Florida 33132 and firstname.lastname@example.org.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor the Heat shall be entitled to arbitrate the dispute. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and the Heat agree to waive, to the fullest extent allowed by law, any trial by jury.
16. Class Action Waiver
Site, Auction, Collection, Special Offer, or Licensed NFT, or in connection with any other products or services sold or distributed via the Site or Auction, as applicable,
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
The terms of this provision will also apply to any claims asserted by you against any of the Heat’s affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, Auction, and/or the provision of content, services, and/or technology on or through the Site and/or Auction.
You are responsible for all applicable tax including any VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise. The successful bidder and/or purchaser is responsible for any applicable taxes including any sales or use tax or equivalent tax wherever such taxes may arise on the price, the buyer’s premium, and/or any other charges related to this Auction. The applicable sales tax rate will be determined based upon the state, county, or locale. The Released Parties are not responsible for determining the taxes that may apply to your transaction(s).
19. No Waiver
This Auction is not directed to children under 13 years of age (or such other digital age of consent in your jurisdiction) (together, the “Age of Consent”) and we do not knowingly collect personal information from children under the Age of Consent. If you are under the Age of Consent you should not use this Site, and under no circumstances should you send information about yourself to us. If we are made aware that a child under the Age of Consent has provided us with personal information, we will immediately delete that child’s information from the Site.
The parties’ obligations under Sections 2, 3, and 6 – 22 will survive any termination or expiration of your relationship with the Released Parties or your use of the Site and/or Auction.
23. Contact Us
LAST UPDATED: March 10, 2022
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