Auction Terms
These terms shall govern your purchase of any item from The 1890 Initiative, LLC (“Seller”). Buyer agrees that all sales of items are final. Any item descriptions are subject to change, correction, or other updates, without notice to potential buyers and any such descriptions are for informational purposes only. Therefore, Buyer should inquire about any item prior to bidding or purchasing an item, should they have any questions.
1. Warranty.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE GOODS, ARE PURCHASED BY THE BUYER “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
We make no warranty that the goods will properly function or operate when you receive them, nor that they will continue to operate or function for any period of time after you receive them.
2. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT OR CIRCUMSTANCES, SHALL SELLER OR ANY AFFILIATES OR SUBSIDIARIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES, WHETHER IN TORT OR CONTRACT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIABILITY OF SELLER, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY, SHALL NOT BE MORE THAN, THE LESSER OF FIVE HUNDRED DOLLARS ($500.00) OR THE ACTUAL PURCHASE PRICE OF THOSE GOODS WITH RESPECT TO WHICH SUCH CLAIM IS MADE.
3. Indemnification.
You will indemnify and hold Seller (including Seller’s affiliates, subsidiaries, their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or in relation to any misconduct on your part as a part of the purchase of an item for sale by Seller or any personal injury, death, or property damage caused by or arising out of the use of the goods or any damage caused by use of the goods. Seller reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Buyer, and Buyer shall not in any event settle any matter without Seller’s written consent. While some jurisdictions may limit your liability hereunder, this indemnity shall apply to the fullest extent permissible by applicable law.
4. Shipping
All items shall be shipped to Buyer by Seller. Seller shall deliver all items to a carrier for transportation to Buyer, but all costs of transportation shall be borne by Buyer and all risks of loss and title shall pass to Buyer when the goods are delivered to the carrier. Seller shall not be held liable to Buyer for any delay in shipment of any item.
5. Buyer’s Premium
No buyer’s premium will be charged.
6. Payment
Buyer shall pay the Seller for the item upon completion of the auction. The credit or debit card on file will be charged for the final price and any additional cost, including but not limit to, shipping, sales tax, etc. We do not accept cash, checks or cashier checks.
Sales tax will be collected by Seller on final price and any other additional cost subject to sales tax, as applicable.
If Buyer does not make full payment for the purchase of an item, then Seller shall be entitled to cancel the sale at its sole discretion.
7. General
a. Governing Law
The Agreement is governed by the laws of Nebraska. Venue for any action between the parties shall take place only in the appropriate courts in Lancaster County, Nebraska.
b. Reformation.
If a court of competent jurisdiction determines that the scope of any provision of these Terms is too broad to be enforced, the court shall reform such provisions to such narrower scope as it determines to be enforceable.
c. Survival.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms, including but not limited to, Sections 1 (Warranty), 2 (Limitation of Liability), 3 (Indemnification), 7 (General).
d. Severability.
If any provision of these Terms is determined to be unenforceable for any reason and is unable to be reformed by a court of competent jurisdiction as provided above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof.
The 1890 Initiative is a Nebraska Collective that supports the future of Nebraska student-athletes and helps the football, volleyball, basketball, and other athletic programs thrive. The operational costs of the initiative are funded by Tom and Shawn Peed. This means that all the expenses related to the team salaries, office space, marketing, and advertising are covered by the Peed family. So, the supporters and fans of Nebraska and NIL can be assured that 100% of their contributions will go directly to the student-athletes.