Terms of Use

1. About HOFSM and the Services

Hall of Fame Sports Memorabilia ("HOFSM," "we," "us," or "our") operates the Site and offers genuine, authentic sports memorabilia and related products and services. References to a "User" or "you" include any person who visits, browses, registers with, purchases from, or otherwise uses the Site or Services.

2. Eligibility and Accounts

The Site and Services are intended for persons who are at least 18 years old. If you create an account, you agree to provide accurate information, maintain the confidentiality of your login credentials, and promptly notify HOFSM of suspected unauthorized account use. You are responsible for activity occurring through your account to the extent permitted by law. HOFSM may accept or reject account registrations and may suspend or terminate accounts as provided in these Terms.

3. Limited License and Acceptable Use

Subject to these Terms, HOFSM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful personal and non-commercial purposes.

You may not:

• use the Site or Services in violation of applicable law or the rights of another person;
• copy, reproduce, republish, distribute, sell, license, create derivative works from, or commercially exploit Site content except as expressly authorized by HOFSM or applicable law;
• use automated means to scrape, harvest, extract, index, or collect Site content or data without our written permission;
• interfere with, disrupt, damage, disable, or attempt to gain unauthorized access to the Site, Services, accounts, servers, or networks;
• upload or transmit malware, viruses, harmful code, spam, or unauthorized solicitations;
• impersonate another person or misrepresent your affiliation with any person or entity;
• use Site content to develop or support a competing commercial service; or
• reverse engineer, decompile, or disassemble Site software except to the extent a restriction is prohibited by applicable law.

4. Intellectual Property

The Site and its content, including text, graphics, photographs, designs, logos, trademarks, service marks, software, and other materials, are owned by or licensed to HOFSM and are protected by applicable intellectual-property laws. No ownership right is transferred to you by your use of the Site. Third-party names, marks, team names, league names, athlete names, images, and other intellectual property remain the property of their respective owners. Except as expressly authorized, you may not use HOFSM trademarks, logos, or other proprietary materials without prior written permission.

5. Product Information and Authenticity

HOFSM endeavors to describe products accurately and to offer genuine, authentic sports memorabilia. Product photographs, descriptions, dimensions, condition information, authentication information, and other details are provided to assist purchasers. Because memorabilia may be unique, vintage, previously owned, hand-signed, or otherwise variable, minor differences in appearance, condition, placement, color, packaging, or presentation may occur. Specific authentication, certification, grading, or provenance information stated in an individual product listing is part of the description of that item.

6. Orders; Acceptance; Cancellation

An order submitted through the Site is an offer to purchase. Receipt of an order confirmation does not necessarily constitute final acceptance of the order. HOFSM may accept, reject, or cancel an order for a lawful reason, including product unavailability, duplicate orders, suspected fraud, payment problems, or material errors in pricing or product information. If HOFSM cancels an order after payment has been collected, HOFSM will refund the amount collected for the cancelled item or order to the applicable payment method, subject to payment-processor procedures.

7. Pricing, Taxes, and Payment

Prices and availability are subject to change before an order is accepted. Although HOFSM endeavors to provide accurate information, typographical, pricing, inventory, or description errors may occur. HOFSM may correct an error and reject or cancel an affected order. If payment was collected for an order that HOFSM cancels because of such an error, the amount collected will be refunded.

You are responsible for applicable taxes, shipping charges, and other charges disclosed before purchase. HOFSM will collect taxes when required by law. By providing a payment method, you represent that you are authorized to use it and authorize HOFSM and its payment processor to charge the amounts disclosed in connection with your order.

8. Shipping and Delivery

Shipping and delivery dates are estimates unless HOFSM expressly states otherwise in writing. Delays may occur because of carriers, weather, supply issues, security review, events beyond HOFSM's reasonable control, or other circumstances. Shipping, title, and risk-of-loss rules will be applied in accordance with the terms disclosed for the transaction and applicable law. If a shipment is lost or damaged, contact HOFSM promptly so that we can assist with the carrier or determine the appropriate next step.

9. Returns and Refunds

Returns and refunds are governed by the return policy, product-specific terms, and other conditions disclosed on the Site or at the time of purchase. Unless a different policy is expressly stated for a particular item, promotion, or transaction, a purchaser seeking a return should contact HOFSM promptly and follow the return instructions provided by HOFSM. Returned merchandise must satisfy the applicable return conditions. Certain unique, customized, special-order, final-sale, or otherwise identified items may be non-returnable where permitted by law. Nothing in this section limits rights that cannot lawfully be waived.

If the Site separately publishes a Return and Refund Policy, that policy is incorporated into these Terms and controls over this section to the extent of a direct conflict concerning returns or refunds.

10. Chargebacks and Payment Disputes

If you believe a charge is incorrect, please contact HOFSM promptly so that we can attempt to resolve the issue. Fraudulent, knowingly false, or abusive chargebacks are prohibited. HOFSM may provide transaction records and other relevant information to payment processors, card networks, banks, or other parties involved in a payment dispute and may restrict accounts associated with abusive payment activity, consistent with applicable law.

11. Promotions and Discount Codes

Promotions, coupons, discount codes, giveaways, and special offers are subject to the terms stated with the applicable offer. Unless expressly stated otherwise, they are not transferable, are not redeemable for cash, may not be combined, and may be modified, suspended, or terminated as permitted by law.

12. User Content and Submissions

If the Site permits you to post reviews, comments, photographs, messages, or other content, you retain ownership of content you own, but you grant HOFSM a non-exclusive, worldwide, royalty-free license to host, reproduce, display, distribute, and use that content as reasonably necessary to operate, promote, and improve the Services, subject to applicable law and our Privacy Policy.

You represent that you have the rights necessary to submit such content and that it does not violate law, infringe intellectual-property or privacy rights, contain malicious code, or contain unlawful, defamatory, threatening, obscene, or otherwise prohibited material. HOFSM may remove or restrict content that violates these Terms or applicable law.

Ideas, suggestions, feedback, or proposals voluntarily submitted to HOFSM concerning our business, products, or Services may be used by HOFSM without restriction or compensation unless we expressly agree otherwise in writing. Do not submit confidential or proprietary ideas unless a separate written agreement protects them.

13. Copyright Complaints

HOFSM respects intellectual-property rights. A copyright owner or authorized agent who believes material on the Site infringes a copyright may send a written notice containing the information required by 17 U.S.C. § 512(c)(3) to HOFSM at the contact information in Section 26 below. HOFSM may request additional information reasonably necessary to evaluate the notice and may remove or disable access to material where appropriate.

14. Third-Party Sites and Services

The Site may contain links to third-party websites, platforms, payment providers, carriers, authentication services, or other services that HOFSM does not control. A link or reference does not necessarily constitute HOFSM's endorsement. Third parties are responsible for their own products, services, terms, privacy practices, and security. Your dealings with third parties are governed by the terms applicable to those dealings.

15. Privacy

HOFSM's Privacy Policy is incorporated into these Terms by reference and describes how HOFSM collects, uses, and discloses information in connection with the Site and Services.

16. Electronic Communications

When you use the Site, create an account, make a purchase, or communicate electronically with HOFSM, you consent to receive transaction-related and service-related communications electronically, including by email and other electronic methods you provide or authorize. Electronic communications may satisfy legal writing requirements to the extent permitted by law. Marketing communications are governed by applicable law and the choices described in our Privacy Policy.

17. Site Availability; Errors; Changes

HOFSM does not promise that the Site will be uninterrupted, error-free, or continuously available. HOFSM may modify, suspend, discontinue, correct, or update the Site, Services, features, content, inventory, or functionality at any time. Information may occasionally contain errors or become outdated. HOFSM may correct errors and update information without prior notice.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, AND SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." HOFSM DISCLAIMS WARRANTIES CONCERNING THE OPERATION OF THE SITE OR SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED OR AN EXPRESS WRITTEN WARRANTY OR PRODUCT-SPECIFIC COMMITMENT APPLIES.

THIS DISCLAIMER DOES NOT NEGATE AN EXPRESS PRODUCT DESCRIPTION, AUTHENTICITY REPRESENTATION, OR OTHER EXPRESS COMMITMENT MADE BY HOFSM WITH RESPECT TO A PARTICULAR PURCHASE.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOFSM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOFSM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR PURCHASE WILL NOT EXCEED THE AMOUNT PAID TO HOFSM FOR THE PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM. FOR CLAIMS UNRELATED TO A PURCHASE, HOFSM'S AGGREGATE LIABILITY WILL NOT EXCEED $100.

THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless HOFSM and its officers, directors, employees, agents, and affiliates from third-party claims, liabilities, damages, judgments, costs, and reasonable attorneys' fees arising from your unlawful use of the Site or Services, your User Content, or your material violation of these Terms. This provision does not require you to indemnify HOFSM for HOFSM's own unlawful conduct.

21. Suspension and Termination

HOFSM may suspend, restrict, or terminate access to the Site or an account when HOFSM reasonably believes a User has violated these Terms, engaged in unlawful or fraudulent conduct, threatened Site security, abused payment processes, infringed another person's rights, or created material risk to HOFSM or others. HOFSM may also discontinue an account or Service for other lawful business reasons. Provisions that by their nature should survive termination will survive, including intellectual-property, payment, disclaimer, limitation-of-liability, indemnification, governing-law, and general provisions.

22. Governing Law and Venue

These Terms and disputes arising out of or relating to the Site, Services, or transactions with HOFSM are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles, except to the extent federal law applies or applicable law requires otherwise.

Unless applicable law requires a different forum, any court proceeding arising out of or relating to these Terms, the Site, Services, or a transaction with HOFSM shall be brought in a state or federal court having subject-matter jurisdiction and located in or serving Gloucester County, New Jersey, and the parties consent to personal jurisdiction and venue there.

The parties may mutually agree in writing, after a dispute arises, to submit that dispute to mediation or binding arbitration. Nothing in these Terms requires a consumer to arbitrate a dispute merely by using the Site or making a purchase.

23. Consumer Rights

Some jurisdictions do not permit certain disclaimers, exclusions, contractual limitation periods, venue provisions, or limitations of liability. Accordingly, provisions of these Terms apply only to the extent permitted by applicable law. Nothing in these Terms limits a non-waivable right or remedy available under applicable consumer-protection law.

24. Force Majeure

HOFSM will not be responsible for delay or failure to perform caused by events beyond its reasonable control, including severe weather, natural disasters, fire, flood, war, terrorism, civil disturbance, labor disruption, carrier interruption, supply-chain disruption, utility or telecommunications failure, governmental action, epidemic, pandemic, or widespread technology failure, except to the extent applicable law provides otherwise.

25. General Terms

Changes to Terms. HOFSM may update these Terms from time to time. The revised Terms will be posted with an updated effective or Last Updated date. Changes apply prospectively from the effective date, except where applicable law permits otherwise.

Assignment. You may not assign your rights or obligations under these Terms without HOFSM's written consent. HOFSM may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, affiliate restructuring, or other lawful business transfer.

Severability. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

No Waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.

Entire Agreement. These Terms, the Privacy Policy, any applicable Return and Refund Policy, and product- or promotion-specific terms presented at purchase constitute the agreement between you and HOFSM concerning the Site and applicable Services, except for a separate written agreement expressly stating that it supersedes these Terms.

26. Contact Information

Questions, notices, customer-service inquiries, privacy inquiries, and copyright complaints may be directed to:

Hall of Fame Sports Memorabilia
112 High Street
Mullica Hill, New Jersey 08062
Phone: (856) 535-7880
Email: info@hofsm.com

27. Acknowledgment

By using the Site or Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.