Terms of Service

 Customer Terms and Conditions Agreement

By checking the box and placing an order, you, the customer (“Customer”), agree to be bound by the following terms and conditions (“Agreement”) regarding the purchase of sports memorabilia and the service of having such memorabilia signed by athletes, facilitated by Powers Collectibles, LLC d/b/a Powers Sports Memorabilia, a Missouri limited liability company (“Company”).

WHEREAS, Company owns and operates a memorabilia signing service; 

WHEREAS, Customer wishes to engage Company to facilitate the signing of memorabilia by selected athletes; and

WHEREAS, Company provides services that include receiving the memorabilia from the Customer, arranging for such items to be autographed by the specified athlete, and returning the signed memorabilia to the Customer.

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration as herein stated, the parties hereto do hereby agree as follows:

1. General Terms and Conditions.

1. This website is operated by Company. Throughout the site, the terms “we”, “us” and “our” refer to the Company. The Company offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

1. Please read and review this Agreement carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Agreement. If you do not agree to the Agreement, then you may not access the website or use any services. If this Agreement is considered an offer, acceptance is expressly limited to these terms of this Agreement.

1. Any new features or tools which are added to the current store shall also be subject to the Agreement. You can review the most current version of the Agreement at any time on this page. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

1. Our store is hosted by Shopify Inc. Shopify Inc. provides us with an online e-commerce platform that allows us to sell our products and services to you.

1. The Company reserves the right to refuse service to anyone for any reason at any time.

1. You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

1. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the services, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by Company.

1. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

1. Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice, including after Customer has submitted its order.

1. The Company has no obligation to update, amend or clarify information on its website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.

1. Products and Services Description.  

1. Customer may send an item that they already own or select an item offered by Company for purchase to be autographed by an athlete, performer, or artist (“Athlete”) of Customer’s choosing.  Company agrees to have item signed by the Athlete, perform a quality review of the autographed item, and return the item to the Customer.

1. All mail-in items are sent in at Customer's risk. Although 99% of requests are fulfilled, not all requests can be guaranteed. We will make every effort to comply with your specific requests such as pen color, pen type, signature location, etc. however, we can’t guarantee them. The Athlete has the right to decline any item or inscription.

1. Company is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

1. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Company reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. Customer agrees that it is your responsibility to monitor changes to our site.

1. Prices for our products are subject to change without notice.

1. Company reserves the right at any time to modify or discontinue services (or any part or content thereof) without notice at any time.

1. Company shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of services.

1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to Company’s Return Policy.

1. Company has made every effort to display as accurately as possible the colors and images of our products that appear at the store. Company cannot guarantee that Customer’s computer monitor's display of any color will be accurate.

1. Subject to applicable federal, state, and local law, Company reserves the right, but is not obligated, to limit the sales of products or services to any person, geographic region or jurisdiction. Company reserves the right to limit the quantities of any products or services offered. 

1. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Company. Company reserves the right to discontinue any product at any time. 

1. Any offer for any product or service made on this site is void where prohibited.

1. Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by Customer will meet Customer expectations, or that any errors in the service will be corrected.

1. Company reserves the right to refuse any order Customer places. Company may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 

1. If Company makes a change to or cancels an order, Company may attempt to notify Customer by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

1. Company reserves the right to limit or prohibit orders that, in our Company’s sole judgment, appear to be placed by dealers, resellers or distributors.

1. Customer Acknowledgments and Agreements. 

1. Company does not warrant, represent or guaranty that its services will be free from error.  Customer acknowledges and agrees that all items are sent in at Customer’s own risk. Not all specific requests, such as pen color, pen type, or signature location, can be guaranteed due to the nature of the autograph process and the preferences of individual athletes.

1. By agreeing to this Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

1. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1. A Customer breach or violation of any of this Agreement will result in an immediate termination of services hereunder.

1. Customer agrees to provide current, complete, and accurate purchase and account information for all purchases made at our store. Customer agrees to promptly update your account and other information, including Customer email address and credit card numbers and expiration dates, so that Company can complete the transactions and contact Customer as needed.

1. If Customer sends certain specific submissions (for example contest entries), send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments') Customer agrees that Company may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that is provided by Customer to Company.  Company shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.

1. Company has no obligation to, monitor, edit or remove content that Company determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any intellectual property or this Agreement.

1. Customer agrees that Customer’s comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. Customer further agrees that Customer comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website.  Customer may not utilize a false e-mail address, pretend to be someone other than itself, or otherwise mislead Company or third parties as to the origin of any comments. Customer is solely responsible for any comments Customer makes and their accuracy. Company takes no responsibility and assumes no liability for any comments posted by you or any third-party.

1. In addition to the other terms and conditions of this Agreement, Customer is prohibited from utilizing Company’s website or services: 

1. for any unlawful purpose; 
2. to solicit others to perform or participate in any unlawful acts; 
3. to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; 
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
6. to submit false or misleading information; 
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet;
8. to collect or track the personal information of others; 
9. to spam, phish, pharm, pretext, spider, crawl, or scrape; 
10. for any obscene or immoral purpose; or 
11. to interfere with or circumvent the security features of the service or any related website, other websites, or the internet.

We reserve the right to terminate your use of the services or any related website for violating any of the prohibited uses.

1. Optional Tools and Third-Party Links

1. Company may provide Customer with access to third-party tools over which Company neither monitors nor has any control nor input.

1. Customer acknowledge and agree that Company provides access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Customer agrees that Company shall have no liability whatsoever arising from or relating to Customer’s use of optional third-party tools.

1. Any use by Customer of optional tools offered through the site is entirely at Customer’s own risk and discretion and Customer should ensure that Customer is familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

1. Company may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to this Agreement.

1. Certain content, products, and services available via our service may include materials from third parties.  Third-party links on this site may direct Customer to third-party websites that are not affiliated with Company. 

1. Company is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

1. Disclaimers of Warranties and Limitations on Liability.

1. In the event an item is lost while in the Company’s possession, Company agrees to reimburse Customer for the value of the item.  Customer must send either (1) a recent and verified sale on a major sales platform such as eBay, or (2) the receipt of your purchase of that item.

1. Company is not responsible for items lost in transit back to the Customer. 

1. Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

1. Company does not guarantee, represent, or warrant that your Customer use of Company service will be uninterrupted, timely, secure, or error-free.

1. Company does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

1. Customer agrees that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to Customer.

1. Customer expressly agrees that Customer’s use of, or inability to use, the service is at Customer’s sole risk. The service and all products and services delivered to Customer through the service are (except as expressly stated by Company) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

1. In no case shall Powers Sports Memorabilia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

1. Shipping and Insurance.  The Customer is responsible for the cost of shipping the item to the Company. The Company encourages the Customer to use a shipping method that provides tracking and insurance. For added protection, Company strongly recommends that Customers purchase return shipping insurance through Company’s website to protect against potential loss during shipping.

1. Indemnification.   Customer agrees to indemnify and hold harmless Company, its officers, employees, agents, subsidiaries, affiliates, officers, partners, directors, contractors, licensors, service providers, subcontractors, suppliers, assigns and successors (“Company Indemnitees”) from any claims, fines, penalties, causes of action, lawsuits, damages, losses, or expenses, including reasonable attorney’s fees arising out of or relating to Company Indemnitee’s performance of this Agreement (except in cases of gross negligence or willful misconduct of Company), and/or to which Company Indemnitee may be subject or put by reason of any act, action, neglect or omission on the part of Customer, or any of Customer’s agents, representatives, officers, employees or contractors.

1. Governing Law.  This Agreement shall be governed by, construed, interpreted, and enforced in accordance with, and shall be subject to, the laws of the State of Missouri.

1. Severability.  If any provision of this Agreement is found invalid or unenforceable under judicial decree or decision, the remainder shall remain valid and enforceable according to its terms. 

1. Binding Effect.   This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns, provided, however, that no party shall assign any of its or their rights, privileges, or obligations hereunder without the written consent of the other parties.

1. Attorney’s Fees.  In the event either party shall commence action against the other for enforcement or breach of any of the terms and conditions of this Agreement, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party their costs and reasonable attorney’s fees.

1. Complete Agreement.  This Agreement represents the entire agreement between the parties relating to the subject matter hereof, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.  Any ambiguity in the interpretation of this Agreement shall not be construed against Company.

1. Modification. Company reserves the right, in its sole discretion, to update, modify, change, or replace any part of this Agreement by posting a modified version hereof to Company’s website.  This may be done periodically by Company, without notice to Customer.  Customer acknowledges it is Customer’s responsibility to monitor the website for Modification.  

1. Termination. The termination of this Agreement shall not terminate the obligations and covenants of the parties that may require performance after termination, and those obligations and covenants shall specifically survive termination.  This Agreement shall not be terminated except by a written instrument signed by all parties hereto.

1. Waiver.  The failure of Company to exercise or enforce any obligation or covenant in this Agreement shall not constitute a waiver of the same.

By checking the box, the Customer acknowledges they have read, understood, and agreed to the terms and conditions of this Customer Agreement.