This User Agreement, the SportsCardPortal.com User Privacy Notice and all policies posted on this website set out the terms on which SportsCardPortal offer you access to and use of our websites, services, applications and tools (collectively, our "Services"). All of our policies and the User Privacy Notice are incorporated into and made an integral part of this User Agreement; and this User Agreement, together with our policies and the User Privacy Notice (as the same may be amended, modified or supplemented hereafter by us), constitute a binding legal agreement in electronic form between each user of this website and our Services, individually (“you” “your” and/or “yourself”), and Sports Card Portal. and its subsidiaries, divisions, and affiliates and their respective successors and assigns (“Sports Card Portal”, “SCP” and “we,” “us” and/or “our”). You agree to comply with all of the above whenever you access or use our Services.
By using the SportsCardPortal.com website or any other websites of SCP or of any of its subsidiaries or divisions, or any of the Services, you are accepting the User Agreement and agreeing to comply with all of its terms. IF YOU DO NOT ACCEPT THIS USER AGREEMENT OR DO NOT WANT TO COMPLY WITH THE USER AGREEMENT AND ITS TERMS, IMMEDIATELY STOP ACCESSING OR USING THE WEBSITES AND THE SERVICES ENTIRELY. IF YOU ACCESS OR USE ANY OF THE WEBSITES OR ACCESS OR USE ANY OF THE SERVICES AND FAIL TO COMPLY WITH THE TERMS OF THE USER AGREEMENT OR ANY OF THE SPORTS CARD PORTAL POLICIES, WE MAY CANCEL YOUR ACCOUNTS WITH US AND SUSPEND OR BLOCK YOUR ACCESS TO OUR WEBSITES AND SERVICES.
Please be advised that this User Agreement contains provisions that govern how claims you and we may have against each other are to be resolved (see the Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). This User Agreement also contains an Agreement to Arbitrate, which will, with limited exception, require you and us to submit claims you or we may have against the other to binding and final arbitration (see Legal Disputes, Section B ("Agreement to Arbitrate")). The Agreement to Arbitrate provides that: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
SportsCardPortal.com connects, on a single website, buyers and sellers of collectible cards and memorabilia to facilitate purchase and sale transactions between them. Once a buyer and seller have connected, any purchase or sale transactions are effectuated directly between them, usually on the seller’s website, and the actual contract for sale is directly between the buyer and seller. SportsCardPortal.com does not sell or buy or provide a marketplace for effectuating sales or purchases of cards or other collectibles. You are solely responsible for all transactions done within the SportsCardPortal.com website and its forum community.
While we may provide listing, pricing or other guidance in our Services, such guidance is solely informational and it is your decision, alone, whether or not to follow such guidance. Also, SCP has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or that buyers will not return collectibles they purchase from sellers.
In connection with using or accessing any of the Websites or the Services, you will not:
If we believe you taking any of the above actions or are otherwise abusing any of our websites or the Services we provide in any way, we may, in our sole discretion and without limiting other remedies, take any of the following actions: limit, suspend, or terminate your user account(s) and access to our Services; delay or remove hosted content; remove any special status associated with your account(s); remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We also may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When a user issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for users of SportsCardPortal.com or our other websites or Services.
When providing us with content or causing content to be posted using our Services, you grant SPORTS CARD PORTAL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or that may be developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us or our assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: (i) your provision of content to us, (ii) your causing content to be posted using the Services, and (iii) the use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
Third Party Links and Content
Authorization to Contact You; Recording Calls
SportsCardPortal or any of its subsidiaries or divisions, including SCP, may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) facilitate the resolution of a dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. SCP may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, SCP may collect other telephone numbers from you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences section of this website.
SCP may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with SportsCardPortal.com or its agents for quality control and training purposes or for its own protection.
Privacy of Others; Marketing
If SportsCardPortal.com provides you with information about another user, you agree you will use the information only for the purposes for which the information is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Such functionality is subject to delays beyond the control of SportsCardPortal.
You expressly agree that you are making use of our Services at your own risk, and that our Services are being provided to you on an "AS IS" and "AS AVAILABLE" basis.
SPORTS CARD PORTAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED AT WWW.SPORTSCARDPORTAL.COM OR AT ANY OTHER WEBSITES OF SPORTS CARD PORTAL OR ITS SUBSIDIARIES OR DIVISIONS. SPORTS CARD PORTAL RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM ITS WEBSITES OR ITS SERVICES AT ANY TIME IN ITS SOLE DISCRETION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPORTS CARD PORTAL, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND DIVISIONS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTS CARD PORTAL DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL, OR NOTIFICATIONS SENT FROM OR ON BEHALF OF SPORTS CARD PORTAL OR ANY OF ITS SUBSIDIARIES OR DIVISIONS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER SPORTS CARD PORTAL NOR ANY OF ITS SUBSIDIARIES OR DIVISIONS WILL BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND OR NATURE ARISING FROM THE USE OF THE SERVICES OR ANY OF THE SPORTS CARD PORTAL WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
In addition, by using our Services you agree that, to the extent permitted by applicable law, SPORTS CARD PORTAL (including its subsidiaries, divisions and affiliates, and our and their officers, directors, agents and employees) are not and will not be responsible or liable, and you agree that you will not hold us responsible or liable, for any damages or losses or costs or expenses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from any of the following:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you and you might have additional rights.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF SPORTS CARD PORTAL OR ANY OF ITS SUBSIDIARIES, DIVISIONS OR AFFILIATES IS FOUND TO BE LIABLE, THEIR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.
If you have a dispute with one or more users of the Services or any of the SPORTS CARD PORTAL websites (including this SportsCardPortal.com website), you release us (and our subsidiaries, divisions and affiliates and our and their respective officers, directors, employees and agents) from any and all claims, demands, damages, losses and costs and expenses (actual and consequential), of every kind and nature, known or unknown, suspected or unsuspected, arising out of or in any way connected with such disputes or the events, conditions or circumstances (actual or alleged) that gave rise to such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, demands, damages, losses, costs and expenses which you may know or suspect to exist in your favor at the time of agreeing to this release. Without limiting the generality of the foregoing, you hereby waive the provisions and protections of the California Civil Code Section 1542, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with a debtor.”
You will indemnify and hold SPORTS CARD PORTAL (and our subsidiaries, divisions and affiliates, and our and their respective officers, directors, employees, agents) harmless from any claim or demand made, or damages, losses, costs and expenses, including reasonable legal fees, asserted to have been incurred, by any third party due to or arising out of your breach or violation of or noncompliance with this User Agreement, your improper use of the Services or your breach or violation of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS BETWEEN YOU AND SPORTS CARD PORTAL WILL BE RESOLVED.
You and SPORTS CARD PORTAL agree that any claim or dispute at law or equity that may arise or that has arisen between us relating in any way to this User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Michigan, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and SPORTS CARD PORTAL, except as may otherwise be stated in the User Agreement.
B. Agreement to Arbitrate
You and SPORTS CARD PORTAL each agree that any and all disputes or claims that have arisen or may arise between you and SPORTS CARD PORTAL or between you and any of the subsidiaries, divisions or affiliates of SPORTS CARD PORTAL relating in any way to or arising out of this User Agreement, your use of or access to any of the Services, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
You and SPORTS CARD PORTAL (on behalf of itself and its subsidiaries, divisions and affiliates) agree that:
2. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, including injunctive and declaratory relief or statutory damages; however, the arbitrator must follow the provisions of this User Agreement as a court would. All issues and claims are for the arbitrator to decide, except the issues and claims identified in Section C below of this Agreement to Arbitrate, which will be decided by a court of competent jurisdiction as set forth in Section C below.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, ____________ Inc., ___________________________, Wilmington, DE 198__. The arbitration will be conducted in Brighton, Michigan by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse you for those fees in the event that your claims total less than $5,000 unless the arbitrator determines your claims are frivolous. Likewise, SPORTS CARD PORTAL will not seek attorneys' fees and costs from you in arbitration unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Oakland County, Michigan or at another mutually agreed location.
The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same SportsCardPortal.com user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall remain in full force and effect and will still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. However, in that event, the remainder of the Agreement and its Legal Disputes Section will continue in effect and will continue to apply.
4. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if SPORTS CARD PORTAL makes any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against SPORTS CARD PORTAL prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and SPORTS CARD PORTAL. We will notify users of this website of any amendments to this Agreement to Arbitrate by posting the amended terms on www.SportsCardPortal.com . If you do not agree to these amended terms, you may close your account after which you will not be bound by the amended terms.
C. Judicial Forum for Legal Disputes
Notwithstanding anything to the contrary contained in this Agreement to Arbitrate, the following issues, claims and disputes shall be resolved, not by arbitration, but exclusively by a state or federal court located in Orange County, California: (1) the enforceability or applicability of the Agreement to Arbitrate in general or to any particular issues, claims or disputes, the scope of this Agreement to Arbitrate, and the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), and (2) any issue, claim or dispute to which the Agreement to Arbitrate above is found not to apply to you or to a particular issue, claim or dispute as a result of a decision by an arbitrator or a court order. You and SPORTS CARD PORTAL agree to submit to the personal jurisdiction of the state and federal courts located within Orange County, California for the purpose of litigating all such issues, claims and disputes. You and SPORTS CARD PORTAL each irrevocably waive any right to a jury trial in any such court proceeding and expressly agree that in any such court proceeding the judge shall be the sole trier of fact.
General Terms and Provisions
The following Sections survive any termination of this User Agreement: Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.