Terms Of Service

MelroseSportsCards, LLC

Terms of Service Agreement

 

1. User Acknowledgment and Acceptance of Agreement

 

User Acknowledgement. This Terms of Service (“Agreement”) is a legally binding

agreement between you (“You,” “Your,” or “User”) and MelroseSportsCards, LLC, its

subsidiaries, affiliates, representatives, agents, officers, and directors (“We,” “Us,” or

“Our”) (each a “Party” and together the “Parties”). The Agreement includes the material

terms and conditions that govern Your use of Our Services (Defined below). When

using particular Services, users shall also be subject to any local laws and regulations

applicable to such Services that may contain terms and conditions in addition to those

in this Agreement.

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND

CONDITIONS FOR YOUR USE OF OUR SUBSCRIPTION-BASED SERVICE AND

ANY PURCHASES MADE ON OUR WEBSITE OR APP (“APP”) INCLUDING THE

 

COOL GEAR. PRODUCTS WILL BE LIMITED TO ONLY OUR SUBSCRIPTION-

PAYING MEMBERS WHO WILL GAIN ACCESS TO OUR APP UPON

 

REGISTRATION AND PAYMENT OF SUBSCRIPTION FEES. BY COMPLETING

THE SUBSCRIPTION REGISTRATION PROCESS VIA OUR APP AND USING THE

SERVICES, YOU ACKNOWLEDGE READING THIS AGREEMENT AND AGREE

TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND

BY THIS AGREEMENT, PLEASE DISCONTINUE THE USE OF THE SERVICES

AND EXIT THE APP. YOUR REMEDY FOR DISSATISFACTION WITH ANY

SERVICES AND/OR OUR APP IS TO IMMEDIATELY STOP USING THE

SERVICES AND OUR APP. YOUR AGREEMENT WITH US REGARDING

COMPLIANCE WITH THIS AGREEMENT BECOMES EFFECTIVE

IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ANY SERVICES

AND/OR APP.

Acceptance of Agreement. This Agreement is effective as of the date designated as

“Last Revised” above. We reserve the right to change the Agreement from time to time

without notice to You. You acknowledge and agree that it is Your responsibility to

review this Agreement periodically and to be aware of any modifications. Your

continued use of Our Services and/or App after such modifications will constitute Your

acknowledgement and acceptance of the modified Agreement. You agree that

modification to the Agreement does not create another opportunity to opt-out of

arbitration or waiver of class action rights.

As used in this Agreement, reference to Our “Affiliates” includes, but is not limited to,

our owners, subsidiaries, affiliated companies, subsidiaries, officers, directors,

suppliers, partners, sponsors, advertisers, employees, and all parties involved in

creating, producing, and/or delivering the Services. If You have any questions or

 

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concerns regarding this Agreement, please contact Us via our website Contact-Us Page

here: https://melrosesportscard.com.com/pages/contact-us.

2. Description of Services; Use of Services; Information Provided; Confidentiality

Description of Services. We provide a subscription-based App specializing in the selling of

limited sneakers and clothing under market value (“Services”). The Services will be limited

only to members who agree to pay the monthly subscription fee of $19.99 per month. The

items will only be available in a drop format, mainly on Sundays 6 PM (PST) to Monday 11

AM (PST). Outside of such time window, members may only purchase The Cool Gear from

the App. You are responsible for providing, at Your own expense, any technical equipment

necessary to use the Services such as a mobile device, Internet access (including payment of

service fees associated with such access), and subscription to a cellular provider. Separately,

You must separately agree to any one of our contracted partners terms including, but not limited

to, Paypal.

We reserve the sole right to either modify or discontinue the Services, including any features,

at any time with or without notice to You. We shall not be liable to You or any third party

should We exercise such right. Modifications may include changes in the pricing structure, the

addition of fee-based services, or changes to limitations on Services. Any new features that

enhance the then-current Services shall also be subject to this Agreement.

You understand and agree that temporary interruptions of the Services or App may occur as

routine events. You further understand and agree that We may not have control over third party

networks You may access in the course of the use of the Services or the App, and therefore,

delays and disruption of other network transmissions are completely beyond Our control.

Use of Services. You certify that You are familiar with the operation of the Services, and that

You meet all necessary conditions to use the Services including, but not limited to, the

behavioral, legal, mental and physical conditions. You represent and certify that You are at

least 16 years of age or have provided the requisite parental consent.

You agree not to tamper with the web-based or App. We may suspend Your use of the Services

at any time if any violations are determined or reasonably suspected.

Information Provided. By agreeing to this Agreement, You certify that You are the user of

the Services, that You will not share the log-in information with another individual, and that

You will comply with all laws and regulations, as well as terms and conditions of this

Agreement. In addition, You certify that all of the information that You provided in Our App

is Your current, legal, full personal information. You may not allow any third party to use the

Services while activated under Your account. If you allow a third party to use the Services

under your Account, You will be responsible for any outcomes such as injuries, claims, causes

of action, traffic violations, costs and expenses, risks, and damages whether foreseeable or

unforeseeable. In case of any traffic violations reported to or observed by law enforcement,

We may provide the authorities with the name and contact information of the customer who

was involved.

Confidentiality. The Parties acknowledge that the existence and the terms of this Agreement

and any oral or written information exchanged between the Parties in connection with the

preparation and performance this Agreement are regarded as confidential information

(“Confidential Information”). Each Party shall maintain confidentiality of all such Confidential

Information, and without obtaining the written consent of the other Party, it shall not disclose

any relevant Confidential Information to any third parties, except for the information that: (a)

 

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is or will be in the public domain (other than through the receiving Party’s unauthorized

disclosure); (b) is under the obligation to be disclosed pursuant to the applicable laws or

regulations, rules of any stock exchange, or orders of the court or other government authorities;

or (c) is required to be disclosed by any Party to its shareholders, investors, legal counsels or

financial advisors regarding the transaction contemplated hereunder, provided that such

shareholders, investors, legal counsels or financial advisors shall be bound by the

confidentiality obligations similar to those set forth in this section. Disclosure of any

Confidential Information by the staff members or agencies hired by any Party shall be deemed

disclosure of such Confidential Information by such Party, which Party shall be held liable for

breach of this Agreement. This Section shall survive the termination of this Agreement.

3. Limitation of Liability; Assumption of Risk; Indemnification

 

Limitation of Liability. Your exclusive remedy and Our entire liability, if any, for any claims

arising out of Your use of the Services and this Agreement shall be limited to the amount You

paid Us for the Services during the 12-month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD

PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR

CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,

INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,

DATA OR PROFITS, WHETHER OR NOT YOU OR WE HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING

OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS

AND SERVICES OFFERED THROUGH OUR APP, IF ANY. SOME JURISDICTIONS

PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL

OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO

YOU.

Our App may link You to third party sites on the Internet or otherwise include references

to information, documents, software, materials and/or services provided by third parties.

These sites may contain information or material that some people may find

inappropriate or offensive. These other sites and third parties are not under Our control,

and You acknowledge that We are not responsible for the accuracy, copyright

compliance, legality, decency, or any other aspect of the content of such sites, nor are

We responsible for errors or omissions in any references to third parties or their

products and services. The inclusion of such a link or reference is provided merely as a

convenience and does not imply endorsement of, or association with, the site or party

by Us, or any warranty of any kind, either express or implied. Your use of the Services

is done at Your own discretion and risk and with the understanding and agreement that

You will be solely responsible for any injuries, medical conditions, death, or property

damage to You and/or any third party.

In consideration of Us allowing You to participate in the Services, You agree to forever

release and discharge Us and our respective affiliates, subsidiaries, agents, officers,

directors, and employees on behalf of Yourself, Your spouse, Your children, Your

parents, Your guardians, and Your heirs, assigns, personal representative and estate,

and any and all other persons and entities who could in any way represent You.

Assumption of Risk. YOU ACKNOWLEDGE THAT PARTICIPATION IN THE

SERVICES ENTAILS BOTH KNOWN AND UNKNOWN RISKS THAT COULD

 

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RESULT IN SERIOUS INJURY OR DEATH AND THAT YOU ASSUME SUCH RISK

TO YOU AND/OR ANY THIRD PARTY. To the fullest extent permitted by law, You

expressly and voluntarily hold harmless, release, acquit, and waive any claims against

Us or any municipality including its elected and appointed officials, officers,

employees, agents, contractors, and volunteers (“Released Parties”), as well as waive

any right or law or regulation that may preserve such rights to claims, and forever

discharge Us and agree to hold Our respective affiliates, subsidiaries, agents, officers,

directors and employees harmless of and from all manners of action or omission(s),

cause and causes of action, suits, debts, damages, judgments, and claims and demands

whatsoever, in law or in equity. In case of any incidents whether injurious to person or

damaging to property, You must report such incidents as soon as safely possible but no

later than 48 hours. We reserve the right to charge You for Your role in any such

incident.

Indemnification. You agree to defend, indemnify, and hold Us, Released Parties, and our

affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise

from Your use or misuse of the Services. We reserve the right, at Our own expense, to assume

the primary and exclusive defense and control of any matter otherwise subject to

indemnification by You, in which event You will cooperate with Us in asserting any available

defenses.

 

4. Mandatory Arbitration and Waiver of Class Action

 

Mandatory Arbitration. USE OF THE SERVICES AND/OR APP IS SUBJECT TO

BINDING ARBITRATION. BY AGREEING TO ARBITRATION, EACH PARTY IS

HEREBY GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE

HEARD BY A JUDGE OR JURY.

Waiver of Class Action. USE OF THE SERVICES AND/OR APP IS SUBJECT TO A

WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO WAIVE CLASS

ACTION RIGHTS, EACH USER AGREES THAT THE USER MAY BRING CLAIMS

AGAINST US IN HIS OR HER INDIVIDUAL CAPACITY, AND NOT AS A

PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE

PROCEEDING OR AS AN ASSOCIATION.

 

5. Disclaimer of Warranties; Third Parties Transactions

 

ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE

WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE

MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR

REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY,

SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM

THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR

(D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION

PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET

YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE APP MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR

TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND

 

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SERVICES ON THE APP AT ANY TIME WITHOUT NOTICE. THE MATERIALS MAY

BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH

MATERIALS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF

ANY MATERIALS THROUGH THE APP IS DONE AT YOUR OWN DISCRETION AND

RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE

FOR ANY DAMAGE TO YOUR COMPUTER AND/OR PHONE, OR LOSS OF DATA

THAT RESULTS FROM SUCH ACTIVITIES.

Through Your use of the App, You may have the opportunities to engage in commercial

transactions with third parties. You acknowledge that all transactions relating to any

merchandise or services offered by any third party, including, but not limited to the purchase

terms, payment terms, warranties, guarantees, maintenance and/or delivery terms relating to

such transactions, are agreed to solely between the seller of such merchandise and services and

You.

THIRD PARTY TRANSACTIONS. WE MAKE NO WARRANTY REGARDING ANY

THIRD-PARTY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH

THE APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE

CONDUCTED ENTIRELY AT YOUR OWN RISK. YOU RELEASE US FROM ANY

CLAIMS RESULTING FROM YOUR PARTICIPATION IN SUCH TRANSACTIONS.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,

SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE

APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND

NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Under no circumstances will We or Our affiliates be liable for any loss or damages caused by

Your reliance on information or advice obtained through the App, including Your use of any

information. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of

any information, opinions, advice, or other content available on or through the App. In

particular, You are urged to consult an appropriate professional licensed in Your jurisdiction

before relying on any legal, accounting, or other professional advice or information obtained

on or through the App.

 

6. Governing Law and Venue

 

This App (excluding any linked sites) is controlled by Us from our offices within the State of

California, United States of America. It can be accessed from all 50 states, as well as from

other countries around the world. As each of these places has laws that may differ from those

of California, by accessing this site both of Us agree that the statutes and laws of the State of

California, without regard to the conflicts of laws principles thereof and the United Nations

Convention on the International Sales of Goods, will apply to all matters relating to the use of

this App and the purchase of products and services available through this App. Each of Us

agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior

Court of Los Angeles County and the United States District Court for the Central District of

California with respect to such matters.

 

7. Entire Agreement

 

The terms and conditions of this Agreement constitute the entire agreement and understanding

between Us concerning the subject matter hereof and supersedes all prior agreements and

 

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understandings of the parties with respect thereto. The Agreement may NOT be altered,

supplemented, or amended by the use of any other document(s). Any attempt to alter,

supplement or amend this Agreement shall be null and void, unless otherwise agreed to in a

written agreement signed by You and Us.

 

8. Refunds

 

You may cancel Your use of the Services at any time upon written notice to Us. There are no

refunds or credits for partial use. If there are any recurring charges, cancellation of any

subscription will result in forfeiture of Your payment.

9. Payment

 

We accept credit or debit card payments that are processed through our payment portal. We

do not accept cash, checks or any other method of payment. By agreeing to use the Services,

You represent and warrant that You have the legal authorization to use such payment method.

Please note that You are the only individual responsible for making payments to the credit or

debit card company or third party, if applicable, for any and all charges and related fees.

 

10. Image and Likeness

 

By agreeing to this Agreement, You knowingly, voluntarily and irrevocably, give Your consent

to Us and our affiliates, subsidiaries, successors and assigns, to use Your appearance and/or

voice in photographs, videos, and other recording related to Your use of Our Services,

including any rights, copyright, title, and interests, for any commercial purpose in perpetuity

and waive, release and discharge Us and Our affiliates, subsidiaries, successors and assigns

from any and all claims related to defamation, privacy, security, right of publicity, infringement

of intellectual property or violation of any right granted by You under this Agreement.

 

11. Termination of Use

 

You agree that we may, in Our sole discretion, terminate or suspend Your access to all or part

of the Services with or without notice and for any reason, including, without limitation, breach

of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for

terminating Your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons, Your right to use the Services

available immediately ceases, and You acknowledge and agree that We may immediately

deactivate or delete Your account and all related information and files in Your account and/or

bar any further access to such files. We shall not be liable to You or any third party for any

claims or damages arising out of any termination or suspension or any other actions taken by

Us in this connection. If during the use of the Services, You use any third-party software or

service You agree to be bound by such third-party terms and conditions.

12. Intellectual Property

Copyright © 2019 MelroseSportsCard, LLC. All Rights Reserved.

 

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For purposes of this Agreement, “content” is defined as any information, communications,

software, photos, video, graphics, music, sounds, and other material and services that can be

viewed by users on Our site. This includes, but is in no way limited to, message boards, chat,

and other original content.

By accepting this Agreement, You acknowledge and agree that all content presented to You on

the site, App, and the technology within the Services are protected by copyrights, trademarks,

service marks, patents or other proprietary rights and laws, and is the sole property of Ours

and/or Our affiliates. You are only permitted to use the content and Services as expressly

authorized by Us or the specific content provider. Except for a single copy made for personal

use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute

any documents or information from this site or App in any form or by any means without prior

written permission from Us or the specific content provider, and You are solely responsible for

obtaining permission before reusing any copyrighted material that is available on this site or

App. Any unauthorized use of the materials appearing on this site or App may violate

copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither We nor Our affiliates warrant or represent that Your use of materials displayed on, or

obtained through, this site or App will not infringe the rights of third parties. The following

are registered trademarks, trademarks or service marks of Ours or Our Affiliates: All custom

graphics, icons, logos and service names are registered trademarks, trademarks or service

marks of Ours or Our affiliates. All other trademarks or service marks are property of their

respective owners. Nothing in this Agreement grants You any right to use any trademark,

service mark, logo, and/or Our name without Our consent by one of Our authorized

representative. Certain of the ideas, software and processes incorporated into the Service and

the site and App are protected by patent applications in the United States.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated

Agent for Notice of claims of copyright infringement can be reached via our Contact-Us Page

here: https://melrosesportscard.com.com/pages/contact-us. Service of repeat infringers of copyright or

of users about whom repeat claims of copyright infringement are received will be terminated.

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement,

We may immediately remove the identified materials from our site or App without liability to

You or any third party and that the claims of the complaining party and the party that originally

posted the materials will be referred to the United States Copyright Office for adjudication as

provided in the Digital Millennium Copyright Act.

13. Notices

 

All notices to Us shall be in writing and shall be made via our website Contact-Us Page

here: https://melrosesportscard.com.com/pages/contact-us. Notices to You may be sent either to the

e-mail address supplied for Your account or to the address supplied by You as part of Your

Registration Data. In addition, We may broadcast notices or messages through the Site or Your

email to inform You of changes to the Site or other matters of importance, and such broadcasts

shall constitute notice to You.

Any notices or communication under this Agreement will be deemed delivered to the party

receiving such communication (1) on the delivery date if delivered personally to the party; (2)

two business days after deposit with a commercial overnight carrier, with written verification

 

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of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt

requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery

date if transmitted by confirmed e-mail.

 

14. Acceptance of Terms

 

By signing or initialing below, You agree to comply with this Agreement, that You are at least

18 years old, or have prior written parental consent which has been supplied to us, and that

You have read and expressly agree to the Agreement including the arbitration and waiver of

class action provisions.