PLEASE READ SECTION 15 OF THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.
These Collectors Card Terms of Service ("Agreement") are a legally binding contract between you and Collectors Card. When we say "you" or "your," we mean you individually and any legal entity exercising rights under this Agreement through you. When we say, "Collectors Card," "we," "our," or "us," we mean www.collectorscard.com. By engaging with the Platform or otherwise using the Services, you are acknowledging and accepting this Agreement.
This Agreement governs your access to and use of any services or products offered by or on behalf of Collectors Card including, without limitation, access to and use of the Collectors Card website and mobile applications (collectively, the "Platform") and sales of memorabilia, trading cards, and any other goods or services offered by Collectors Card (collectively, the "Services").
This Agreement, together with the Collectors Card Privacy Policy and any other terms published on the Platform or otherwise notified to you, constitute a legally binding agreement between you and us. You should read all of these documents carefully as each one forms part of the legally binding agreement between you and us.
The Platform is only supported on the following browsers and operating systems, and the current version of our mobile application:
Desktop Browsers: Google Chrome (latest version), Mozilla Firefox (latest version), Apple Safari (latest version), and Microsoft Edge (latest version).
Mobile Browsers: Chrome Mobile (latest version) and Safari Mobile (latest version).
Operating Systems: Windows (latest two versions) and macOS (latest two versions).
Other browsers and operating systems or versions of browsers and operating systems, and any other mobile application or non-current version of our mobile application, may contain issues that prevent the Platform and Services from operating as intended. If you use the Platform or Services on any unsupported browser or mobile application, you do so without any warranties or representations (including as to error-free operation or fitness for any particular purpose) and you do so at your own risk. Please read Section 14 of this Agreement for more information.
This section describes how this Agreement forms a binding contract between you and us. By accessing and/or using the Service, you agree to be bound by this Agreement and any policies or guidelines incorporated by reference into this Agreement (which will become part of the Agreement). If you do not agree to abide by all of the terms and conditions in this Agreement, you must not access and/or use the Service. You represent that you have the authority to bind yourself to this Agreement.
As part of the Services, we offer an online marketplace for buying, selling and trading, through which collectors, investors and other people who are interested in trading cards, memorabilia, and other collectables can engage in a unique marketplace to display and monetize cards quickly and securely. We also offer "Vault" services, that is, a physical safety vault whereby we will securely hold custody of a Registered User's (defined below) collectible trading cards (the "Cards"). Collectors Card does not take ownership of a Registered User's collectible trading cards stored in its vault.
For purposes of this Agreement, a "Registered User" is an individual who has interacted on the Platform, including without limitation by creating or attempting to create a user account on the Platform (the "Account"), a "Seller" is a Registered User who is vaulting, selling or trading using the Services, and a "Buyer" is a Registered User who is vaulting, buying or trading using the Services.
Collectors Card provides an online marketplace through which you can buy, sell and trade cards, memorabilia and other collectables. The marketplace offers three transaction methods. Using the "Buy It Now" feature, you can add cards to a shopping cart and check out immediately. Using the "Offer" feature, buyers and sellers negotiate through an offer/counter-offer system that can include both monetary and trading card components. Fees are applied only to the monetary portion of the offer. Using the "Auctions" feature, you can bid on cards for purchase. The highest bidder must pay the purchase price plus any applicable fees within 24 hours of bid acceptance.
Sellers using the Collectors Card marketplace are charged a 10% fee based on the total cash value of each transaction. Buyers pay a transaction fee when using credit card or ACH payment methods. Please read Section 7 of this Agreement for more information on payment methods and payment processing.
Collectors Card agrees to use industry standard measures to ensure the physical integrity and security of all Cards in its possession against theft, destruction, and the unauthorized introduction of harmful or dangerous materials. Such measures may include, but are not limited to, physical or electronically enabled security of our Vault and restrictions on access of unauthorized personnel. We agree to maintain an insurance policy covering our Vault with a coverage amount sufficient to cover the Registered User's currently vaulted Cards up to the aggregated market value of each Card.
This section describes who is eligible to use the Service and your responsibilities to protect your Account password and provide us with accurate information.
You may only use the Service if you comply with the law and this Agreement. If you do not comply, then we can take certain actions, including termination of your Account and other legal or investigatory action.
In connection with using and/or accessing the Service, you will comply with this Agreement and all applicable laws, rules, and regulations. Without limiting the forgoing, you will not do any of the following in connection with your use of the Service:
Collectors Card may investigate, review, remove, or restrict access to any content, take legal action, limit or suspend Messaging functionality, or perform any other action it deems necessary or warranted in managing the Service, Content, or Registered Users. This includes, without limitation, removing Messaging content, limiting a user's ability to send or receive messages, terminating your Account, and/or preserving information for investigative or legal purposes.
You may not use the Service unless you are at least 18 years of age.
You need to create an Account with Collectors Card to access and/or use certain features of the Service. You must provide accurate information about your identity and must not provide any false information or impersonate another person through your Account. Collectors Card reserves the right to verify the information you provide in connection with your Account ("Account Information"). Upon Collectors Card's request, you will promptly provide requested verification documentation, including identification documents, or proof of address. The name on your Account must be the Account owner. If you do not provide the information requested or if you provide inaccurate Account Information, Collectors Card may, in its sole discretion, terminate your Account.
You are responsible for maintaining the confidentiality of your password and Account. You will immediately notify us of any suspected unauthorized use of your Account or any other suspected breach of Account security.
You are solely responsible for any activity on your Account, whether by you or anyone else with your Account credentials.
You cannot transfer or assign your Account to a third party without prior written consent from Collectors Card. Collectors Card may require additional information from you regarding the requested transfer or assignment. You cannot otherwise transfer, sell, or dispose of your Account (other than closing your Account with us) under any circumstances.
Collectors Card may charge fees for, without limitation, grading, vaulting, withdrawals of Cards from vaults, trading, selling and buying of Cards from Registered Users, and shipping and handling (the "Fees"). The Fees, which are adjusted from time to time, are disclosed on the Platform during the checkout process and are shown in United States dollars unless otherwise stated. We may change or discontinue, temporarily or permanently, some or all Fees, without notice and at our sole discretion, and such changes will be effective upon publication on the Platform.
We take counterfeiting, fraud and market manipulation very seriously. We reserve the right to investigate violations of this Agreement or conduct that affects the Services, and to consult and cooperate with law enforcement authorities to prosecute anyone who violates applicable laws. We may also monitor the integrity of the marketplace offered by the Services and take steps to protect it in our sole discretion. If you receive a Card purchased on the Services that you believe to be counterfeit or otherwise in violation of this Agreement, please contact us as soon as possible. You agree to cooperate with us in any investigation as reasonably requested of you.
For information about how we collect, use, share, and otherwise process information about you, see our Privacy Policy.
All Sellers must submit Cards to our Services that are authentic and that you actually own and/or are otherwise authorized to sell. We do not endorse any Sellers or Buyers. We reserve the right to conduct an identity verification check on you, either directly or through a third-party service provider.
As a Buyer, you affirm that you possess legal authority and capacity to conduct transactions and agree to provide accurate financial information. You understand that all purchases made through the Platform are final, non-reversible, and non-refundable, unless explicitly stated otherwise in our refund policy. You agree to respect the Seller-Buyer relationship facilitated by Collectors Card, acknowledging that the transaction is an agreement between you and the respective Seller. You acknowledge that we cannot and do not offer any guarantee or warranty, express or implied, on the authenticity of any Cards purchased by you. It is the Buyer's responsibility to consider this risk when making a purchase on the Platform.
Collectors Card strives to ensure the accuracy of the information on the Platform, but does not warrant the accuracy or completeness of any information contained on the Platform. In the event Collectors Card becomes aware of any inaccurate or incomplete information on the Platform, including without limitation the information identifying a particular Card, Collectors Card will take steps to correct or supplement such information. Information contained in Card photographs on the Platform takes precedence over information listed in text form.
Collectors Card is not responsible for information provided by third parties that is available on the Platform. This will enable Collectors Card to correct the error in the information on the slab to prevent multiple claims under this policy for the same mislabeled Card.
You are responsible for ensuring compliance with all relevant local, national, and international laws pertaining to the purchase, ownership, and use of the Cards acquired via our Platform, including any associated tax obligations. You understand that, if we detect any violation of this Agreement, we reserve the right to restrict, suspend, or terminate your access to our Service without prior notice and without any liability to you. You recognize that Collectors Card may report any suspicious activity, particularly those violating any law or regulation, to law enforcement officials, regulators, or relevant third parties at our discretion.
Consult the FAQ section for further details about the purchasing process, including payment options, shipping and handling, and our dispute resolution policy. By utilizing our Services as a Buyer, you hereby agree to abide by these terms and conditions.
You can contact our customer support team at accountsupport@collectorscard.com. We will investigate your claim promptly and provide a response within a reasonable time frame. If additional time is needed, we may take up to forty-five (45) calendar days to complete the investigation.
Collectors Card handles all Digital Wallet-related transactions—including failed payments, duplicate transactions, chargebacks, and internal ledger transfers—in accordance with standards consistent with those applicable to licensed money transmitters. Our dispute resolution process includes timely investigation, written findings, and appropriate remediation when applicable.
If you are not satisfied with how your complaint is resolved, you may also contact the relevant state regulator. A list of state agencies and their contact information can be provided by reaching out to accountsupport@collectorscard.com.
You can access the Service through a mobile device, but you will be responsible for any associated data usage or other fees from your wireless provider. If you use any mobile device or third-party software, including Apple software, in connection with the Service, then you are solely responsible for your use of the Service on your mobile device and your adherence to your wireless provider's and any other third party's terms and conditions.
To the extent you access the Service in connection with the Apple App Store, Google Play, or any other similar third party application marketplace, you acknowledge and agree that this Agreement is solely between you and Collectors Card and that between the marketplace provider and Collectors Card, Collectors Card is solely responsible for the Service, content, maintenance and support, and addressing any claims relating thereto, including product liability, legal compliance, and intellectual property infringement. In addition, if you access the Service through our iOS application, please review the Apple End User License Agreement.
You are responsible for the Content (defined below) you post through the Service and represent that you own the Content or have the right to use, reproduce, distribute and display the Content. While you continue to own all your Content, you grant to us a license to the Content for our use, including to operate the Service and for our marketing purposes.
You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials ("Content") that you upload, post, publish, transmit, display, or submit ("Post") to or through the Service (such Content Posted by Registered Users, excluding Account Information, is referred to as "User Content"). You are solely responsible for all of your User Content, and you understand and agree that all of your User Content can be shared with other Registered Users and third parties in Collectors Card's sole discretion. Collectors Card has no control over or liability for how other Registered Users or any third party may use or misuse your User Content.
By Posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the below license. By Posting any User Content, you hereby grant to Collectors Card and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by Collectors Card, your User Content in connection with (i) the operation of the Service or any other products or services of Collectors Card; and (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet and Third-Party Services (defined below) and allowing other Registered Users to share content that includes your User Content. Our rights under this license continue even after you stop using our Services.
You further represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. While we are not obligated to review any User Content posted by our Registered Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. Collectors Card will not be responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content.
You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable, and you waive any legal or equitable rights or remedies you have or may have against the Collectors Card with respect to such User Content.
You understand and agree that (i) the User Content you Post is not confidential and will be treated as non-confidential; (ii) your User Content may be publicly viewable and will be accessible and viewed by third parties; and (iii) Collectors Card will not be liable for any treatment of your User Content as public and non-confidential or for the use of your User Content by third parties. You waive all claims with respect to confidentiality of any User Content. If you do not want your User Content to become public and nonconfidential, you must not use the Service.
We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information about the Service ("Feedback"), provided by you to Collectors Card will not be confidential or proprietary, and Collectors Card shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We own our intellectual property. You may only use the Service as authorized in this Agreement and you may not copy, modify, or otherwise use our intellectual property, including without limitation our name and logos or other content.
Collectors Card retains all rights to our intellectual property. This includes, without limitation, the Collectors Card name, our trademarks, service marks, logos, product and service names, slogans, trade dress, Platform content, user interface, images, code and any other Collectors Card content. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action in violation of our intellectual property rights. Any use of the Service other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Collectors Card trademarks and services marks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Collectors Card. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may notify us at accountsupport@collectorscard.com if you believe your intellectual property has been infringed on the Service. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the Accounts of Registered Users who repeatedly infringe the intellectual property rights of others.
In accordance with the DMCA, we will respond expeditiously to notices of alleged copyright infringement that are reported to our DMCA Agent identified below. As part of our response, we may remove or disable access to material residing on the Platform that is claimed to be infringing and, in such event, we will make a good-faith attempt to contact the affected Registered User so that they may make a counter-notification.
If you believe that your copyrights have been infringed, please report it to us by providing our customer support with the following information:
Sign the notice and send it to:
You may access or use services or content provided by third parties when using our Service. Collectors Card is not responsible for such third-party services or content, and third-party services will be governed by such third parties' terms and conditions and policies.
The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the Collectors Card platform ("Third-Party Services"). For example, social networks you connect your Account to under the Sharing Settings page are Third-Party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Services are solely between you and the third party. Collectors Card does not control or endorse, and makes no representations or warranties regarding, any Third-Party Services, and your access to and use of such Third-Party Services is at your own risk. The terms of this Agreement that govern the Services, and the Collectors Card Privacy Policy, do not apply to your use of any such Third-Party Services. You are solely responsible for your access or use of such Third-Party Services. You should review any applicable terms and/or privacy policies of any Third-Party Services before using or sharing information with any Third-Party Services. Collectors Card may suspend or terminate your ability to access Third-Party Services through the Services at any time with or without notice.
The Service contains images, descriptions and other Content posted by third parties including Registered Users ("Third-Party Content"). Content you access through Third-Party Services is also Third-Party Content. You acknowledge that Third-Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third-Party Content for any purpose other than as explicitly authorized in this Agreement.
Collectors Card will not be liable for the Third-Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third-Party Content. You acknowledge that Collectors Card has no obligation to review, screen, or inspect any Third-Party Content on the Service. However, Collectors Card reserves the right to review, screen, inspect, and/or remove any Third-Party Content at our sole discretion. You agree that you assume all the risk associated with the use of or reliance upon Third-Party Content, including risks related to accuracy, completeness, or usefulness.
We reserve the right to suspend, modify, remove and/or add to any of the Services (collectively, a "Change") in our sole discretion with immediate effect and without notice, and will not be liable for any such action. We reserve the right to suspend your use of certain or all of the Services on our Platform from time to time for any reason or no reason. No communications or information published on the Services is intended to constitute legal or tax advice and we accept no liability for any reliance on such content.
Some states require sales tax if items are shipped outside of Oregon, where our Vault is located, when purchased. If you intend to temporarily store your cards in the Vault, sales tax will not be collected on the purchase of the Cards. However, if you intend to have them shipped immediately, sales tax will be collected based on your billing address.
It is the Registered User's sole responsibility to update payment Account Information to receive any redeemable funds. After a period of statutorily required account dormancy, Collectors Card will escheat any unclaimed funds to the relevant government authorities as necessary and may charge a dormancy fee when such a fee is allowed by applicable rules and regulations.
We provide the Service on an "as-is" basis and make no warranties or representations with respect to the Service or your use of the Service. We have no liability for certain types of damages and limit our liability for other types of damages.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, WILL BE AT YOUR SOLE RISK AND THAT COLLECTORS CARD PROVIDES THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COLLECTORS CARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD-PARTY SERVICES, MATERIALS, OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLLECTORS CARD MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
COLLECTORS CARD MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL COLLECTORS CARD, OUR SUBSIDIARIES OR AFFILIATES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS OR EMPLOYEES OF EACH (THE "COLLECTORS CARD PARTIES") BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE— FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, OR ANY ITEMS YOU PURCHASE OR SELL THROUGH THE SERVICE, WHETHER OR NOT COLLECTORS CARD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE COLLECTORS CARD PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER AMOUNT OF (1) COMMISSIONS/FEES THAT YOU HAVE PAID TO COLLECTORS CARD AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE CLAIM; OR (2) ONE HUNDRED U.S. DOLLARS (USD $100).
THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE COLLECTORS CARD PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
You agree to release, indemnify, and hold harmless and, upon Collectors Card's request, defend the Collectors Card Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from or relate to (a) your access to or use of the Service, including any items purchased or sold; (b) your User Content or Feedback; (c) your breach of the Agreement; (d) your violation, misappropriation, or infringement of any rights of another (including someone else's privacy or intellectual property rights); or (e) your violation of applicable laws.
If you are a California resident, you waive California Civil Code Section 1542, which states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
We hope to amicably resolve any disputes with you, so we strongly encourage you to first contact our support team at accountsupport@collectorscard.com. Any unresolved dispute will be settled by binding arbitration.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COLLECTORS CARD TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND COLLECTORS CARD FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND COLLECTORS CARD AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. COLLECTORS CARD AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
Please read carefully the following arbitration agreement ("Arbitration Agreement"). It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Collectors Card, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify; and (ii) you or Collectors Card may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at accountsupport@collectorscard.com. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at www.jamsadr.com/rules-streamlined-arbitration; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at www.jamsadr.com/rules-comprehensive-arbitration. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, you and we will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Collectors Card will pay them for you. In addition, we will reimburse all such JAMS's filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
YOU AND COLLECTORS CARD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If a decision is issued stating that applicable law precludes enforcement of any of this Section's limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in Los Angeles, California. All other disputes, claims, or requests for relief shall be arbitrated.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to accountsupport@collectorscard.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the Digital Wallet address used to connect to the Service (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Except as provided in subsection (e) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at accountsupport@collectorscard.com and expressly opting out of this Arbitration Agreement.
This Agreement and any disputes between you and us will be governed by California law, without giving effect to its principles regarding conflicts of law, and any disputes not subject to arbitration must be filed in the courts located in Los Angeles County, California. You and Collectors Card waive any objection to venue in any such courts.
Notwithstanding the foregoing, claims that qualify for small claims court in the county where you live may be brought in such small claims courts. You acknowledge that the Service originates from the United States and agree to comply with all export laws and regulations of the United States.
You may terminate your Account at any time. We may suspend or terminate your Account at our discretion without explanation, notice, or liability to Collectors Card, including removing and discarding any of your User Content, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
In the event that you cease to interact with our Services or Platform for a period of 12 consecutive months, we will undertake reasonable measures to establish communication with you, using all contact information you have provided to us. This can include, but is not limited to, telephone calls, emails, and physical mail, if applicable. Should we, despite our dedicated efforts, fail to receive a response from you within 3 months from our initial outreach attempt, you hereby agree and acknowledge that all of your property in our possession, including but not limited to vaulted Cards, will be forfeited by you and, in such case, you hereby assign, transfer and convey to us all right, title and interest in and to such property.
The Service will not be accessible or available to Registered Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by Collectors Card are strictly prohibited and may result in additional actions against you and any other Registered Users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative Accounts or continuing to access the Service from another Registered User's Account.
Collectors Card may suspend, terminate, or modify the Service with or without notice and for any reason, including (i) to hold funds, pending any investigations or other activity necessary to deter fraud; (ii) to address potential illegal activity; or (iii) to otherwise comply with applicable laws and regulations.
Collectors Card will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service.
We may update this Agreement at any time by posting an updated version on the Platform, and the new version will become effective upon posting unless otherwise stated. When we make changes to this Agreement, we will update the "Last Updated" date below. You will be responsible for reviewing and complying with any updated version of this Agreement. If you do not agree to the updated Agreement, then you must stop using the Service immediately.
This section describes certain other rights and responsibilities you have under this Agreement.
The Service may be subject to economic and trade sanctions and export control laws in your applicable jurisdiction. You agree that you will not violate such laws and that you will be solely responsible for any such violation to the extent permitted by law. You represent that you are not: (i) a citizen or resident of a geographic area in which access to or use of the Service is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to United States or other sovereign country sanctions or embargoes; or (iii) an individual, or an individual employed by or associated with an entity, identified on the United States Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or otherwise ineligible to receive items subject to United States export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Service.
The information available on the Platform is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE PLATFORM IN CONSULTATION WITH YOUR INSURANCE SPECIALIST AND YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
When you use the Service or send us communications, you agree to communicate with us electronically. This Agreement and any other documents referenced in the Agreement will be considered a "writing" or "in writing" to comply with applicable legal requirements and will be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding. For clarity, mere use of the Service does not constitute electronic communication.
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision is found to be void, invalid, or unenforceable, then it will be revised and interpreted to accomplish the objectives of such provision to the extent possible under applicable law, and the remaining provisions will continue in full force and effect. Our non-enforcement of any provision of this Agreement or right under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future. We reserve all rights under applicable law.
The headings and sub-headings in this Agreement are included for reference purposes only and will not affect the meaning or interpretation of this Agreement in any way. The words "include," "includes," or "including" will be deemed to be followed by "without limitation." This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.
Under California Civil Code Section 1789.3, Registered Users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that we will provide notices and messages to you within the Service or, if required, via email or regular mail. You may provide Collectors Card notice, and such notice will be deemed provided once received by Collectors Card, addressed via email to accountsupport@collectorscard.com.