PC Sportscards LLC TERMS OF USE
PC Sportscards LLC TERMS OF USE
PC Sportscards LLC TERMS OF USE
These Terms and Conditions of Use ("Agreement") is a legal agreement between you and PC Sportcards LLC ("PC Sportscards"), the owner and developer of https://www.pcsportscards.com/ (“Site”). By registering for any service provided on the Site you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY PC Sportscards SERVICE. The Terms are subject to change at any time, effective upon notice to you.
These Terms and Conditions of Use ("Agreement") is a legal agreement between you and PC Sportcards LLC ("PC Sportscards"), the owner and developer of https://www.pcsportscards.com/ (“Site”). By registering for any service provided on the Site you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY PC Sportscards SERVICE. The Terms are subject to change at any time, effective upon notice to you.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT. PLEASE READ CAREFULLY.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT. PLEASE READ CAREFULLY.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [web address/link]. PC SPORTSCARDS RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU. This Site is owned and operated by PC Sportscards LLC.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [web address/link]. PC SPORTSCARDS RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU. This Site is owned and operated by PC Sportscards LLC.
These terms set out:
• What you can expect from PC Sportscards;
• What we expect from you;
• What will happen in the case of a disagreement.
These terms set out:
• What you can expect from PC Sportscards;
• What we expect from you;
• What will happen in the case of a disagreement.
Understanding these terms are important as they govern our relationship and by using the Site you are agreeing to these terms.
Understanding these terms are important as they govern our relationship and by using the Site you are agreeing to these terms.
These Terms of Use (the “Terms”) shall apply to use by you of the Site and of any information, text, graphics, video, data or other materials created and/or provided by PC Sportscards or otherwise appearing on the Site. Your use of the Site signifies your agreement to be bound by these Terms and the Privacy Policy, which is incorporated into these Terms by reference.
These Terms limit PC Sportscards’s liability and obligations to you, grant PC Sportscards certain rights and allows PC Sportscards to change, suspend or terminate your use of the Site. Your use of the Site is expressly conditioned on your compliance with these Terms. You agree to notify any employees, agents, household members or other individuals who will access the Site of the terms and conditions of these Terms and they must agree to be bound by these Terms, prior to their use of the Site.
These Terms of Use (the “Terms”) shall apply to use by you of the Site and of any information, text, graphics, video, data or other materials created and/or provided by PC Sportscards or otherwise appearing on the Site. Your use of the Site signifies your agreement to be bound by these Terms and the Privacy Policy, which is incorporated into these Terms by reference.
These Terms limit PC Sportscards’s liability and obligations to you, grant PC Sportscards certain rights and allows PC Sportscards to change, suspend or terminate your use of the Site. Your use of the Site is expressly conditioned on your compliance with these Terms. You agree to notify any employees, agents, household members or other individuals who will access the Site of the terms and conditions of these Terms and they must agree to be bound by these Terms, prior to their use of the Site.
YOU UNDERSTAND THAT BY USING THE SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE OR ACCESS THE SITE. TO ACCESS OR USE THE SITE, YOU MUST HAVE THE REQUISITE POWER AND AUTHORITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE IF YOU HAVE BEEN PREVIOUSLY BANNED.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and PC Sportscards are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exceptions, require you to submit claims you have against us to binding and final arbitration and limit you to claims against PC Sportscards on an individual basis, unless you opt-out in accordance with the instructions below.
YOU UNDERSTAND THAT BY USING THE SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE OR ACCESS THE SITE. TO ACCESS OR USE THE SITE, YOU MUST HAVE THE REQUISITE POWER AND AUTHORITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE IF YOU HAVE BEEN PREVIOUSLY BANNED.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and PC Sportscards are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exceptions, require you to submit claims you have against us to binding and final arbitration and limit you to claims against PC Sportscards on an individual basis, unless you opt-out in accordance with the instructions below.
YOU MUST BE AT LEAST SIXTEEN (16) YEARS OLD TO USE THE SITE. If you are not yet 16 years old, do not use the Site.
IF YOU ARE BETWEEN 16 AND 18 YEARS OLD: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to use the Site with both your and their full understanding of these Terms. By using the Site, you are telling us that you and your parent or guardian, have joined in this agreement.
IF YOU ARE A PARENT OR GUARDIAN: Parents and guardians are advised to exercise supervision over their children’s on-line activities. If you do not agree to these Terms, do not let your child use the Service. If you have any further questions about our Site and our use of personally identifiable information, please take a look at our Privacy Policy page or contact us at customerservice@pcsportscards.comIf you are the parent or guardian of a child under 16 and believe that they are using the Services, please contact us at customerservice@pcsportscards.com.
YOU MUST BE AT LEAST SIXTEEN (16) YEARS OLD TO USE THE SITE. If you are not yet 16 years old, do not use the Site.
IF YOU ARE BETWEEN 16 AND 18 YEARS OLD: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to use the Site with both your and their full understanding of these Terms. By using the Site, you are telling us that you and your parent or guardian, have joined in this agreement.
IF YOU ARE A PARENT OR GUARDIAN: Parents and guardians are advised to exercise supervision over their children’s on-line activities. If you do not agree to these Terms, do not let your child use the Service. If you have any further questions about our Site and our use of personally identifiable information, please take a look at our Privacy Policy page or contact us at customerservice@pcsportscards.comIf you are the parent or guardian of a child under 16 and believe that they are using the Services, please contact us at customerservice@pcsportscards.com.
1. DEFINED TERMS. For purposes of the Terms, the following defined terms shall have these meanings:
1.1. “IPR” means any rights in or to, but not limited to, Site content, copyrights, patents, trademarks, brand names, trade names, business names, know-how or confidential information and any other rights in respect of any other industrial or intellectual property, whether registrable or not and wherever existing in the world and including without limitation all rights to apply for registrations of any of the foregoing rights;
1.2. “Site” means this site and any PC Sportscards iOS applications including any and all audio and/or visual elements thereof, created or owned by PC Sportscards or by PC Sportscards’s approved third party providers (“Third Party Provider”), including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works, designs, logos, and other information and content made available through the Site, as well as all underlying technical elements of all of the foregoing, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions.
1. DEFINED TERMS. For purposes of the Terms, the following defined terms shall have these meanings:
1.1. “IPR” means any rights in or to, but not limited to, Site content, copyrights, patents, trademarks, brand names, trade names, business names, know-how or confidential information and any other rights in respect of any other industrial or intellectual property, whether registrable or not and wherever existing in the world and including without limitation all rights to apply for registrations of any of the foregoing rights;
1.2. “Site” means this site and any PC Sportscards iOS applications including any and all audio and/or visual elements thereof, created or owned by PC Sportscards or by PC Sportscards’s approved third party providers (“Third Party Provider”), including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works, designs, logos, and other information and content made available through the Site, as well as all underlying technical elements of all of the foregoing, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions.
2. RESPONSIBILITY FOR USE OF SITE. You understand and agree that you are solely responsible for your actions and decisions on the Site. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Site, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place (if at all). Your decision to purchase or sell any products or use any services provided on or through the Site should be based on your own informed evaluation of the products and services. No content presented on the Site should be viewed as legal, tax, investment, financial, professional, or other advice. The content on the Site is information of a general nature and does not address the circumstances of any particular individual, or entity, or constitute a comprehensive or completed statement of the matters discussed, or the law relating to such matters. PC Sportscards is not a fiduciary by virtue of any person’s use or access to the Site. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of Site. There are risks associated with buying, selling, trading, holding, or otherwise engaging with collectible items. These risks include risk of loss. A collectibles’ past financial performance is not a guarantee of future financial performance.
2. RESPONSIBILITY FOR USE OF SITE. You understand and agree that you are solely responsible for your actions and decisions on the Site. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Site, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place (if at all). Your decision to purchase or sell any products or use any services provided on or through the Site should be based on your own informed evaluation of the products and services. No content presented on the Site should be viewed as legal, tax, investment, financial, professional, or other advice. The content on the Site is information of a general nature and does not address the circumstances of any particular individual, or entity, or constitute a comprehensive or completed statement of the matters discussed, or the law relating to such matters. PC Sportscards is not a fiduciary by virtue of any person’s use or access to the Site. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of Site. There are risks associated with buying, selling, trading, holding, or otherwise engaging with collectible items. These risks include risk of loss. A collectibles’ past financial performance is not a guarantee of future financial performance.
3. GRANT OF RIGHTS. PC Sportscards grants you a limited, non-exclusive, non-assignable, non-transferable right and license to use and display the Site, solely as described in these Terms, provided that you comply fully with these Terms. Your access to the Site shall remain in effect until and unless terminated by you or PC Sportscards.
3. GRANT OF RIGHTS. PC Sportscards grants you a limited, non-exclusive, non-assignable, non-transferable right and license to use and display the Site, solely as described in these Terms, provided that you comply fully with these Terms. Your access to the Site shall remain in effect until and unless terminated by you or PC Sportscards.
4. SITE CHANGES. PC Sportscards may at any time and in its sole discretion, add, modify, or remove any feature, function or portion of the Site, the content, the Terms, and/or the Privacy Policy, in whole or in part, with or without notice to you, prior or otherwise. Any changes to the Terms will be effective as of the posting date. PC Sportscards will provide prominent notice on the Site of any major changes to the Terms and/or the Privacy Policy. Your continued use of the Site after PC Sportscards posts any modifications to the Terms and/or Privacy Policy shall be deemed your explicit acceptance of those modifications and shall constitute your agreement to be the Terms, as modified.
4. SITE CHANGES. PC Sportscards may at any time and in its sole discretion, add, modify, or remove any feature, function or portion of the Site, the content, the Terms, and/or the Privacy Policy, in whole or in part, with or without notice to you, prior or otherwise. Any changes to the Terms will be effective as of the posting date. PC Sportscards will provide prominent notice on the Site of any major changes to the Terms and/or the Privacy Policy. Your continued use of the Site after PC Sportscards posts any modifications to the Terms and/or Privacy Policy shall be deemed your explicit acceptance of those modifications and shall constitute your agreement to be the Terms, as modified.
5. PAYMENT & FEES. We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or ongoing storage Services, we also charge those buyers for such supplemental Services. To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like Stripe, Zelle, PayPal, or any other payment method made available by PC Sportscards) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by PC Sportscards. PC Sportscards reserves the right to increase fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice. Delinquent balances shall accrue interest at the rate of 1.5% per month until paid (or, if less, the maximum interest rate permitted by applicable law); and PC Sportscards shall have a security interest in your Property to secure your payment obligations hereunder.
5. PAYMENT & FEES. We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or ongoing storage Services, we also charge those buyers for such supplemental Services. To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like Stripe, Zelle, PayPal, or any other payment method made available by PC Sportscards) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by PC Sportscards. PC Sportscards reserves the right to increase fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice. Delinquent balances shall accrue interest at the rate of 1.5% per month until paid (or, if less, the maximum interest rate permitted by applicable law); and PC Sportscards shall have a security interest in your Property to secure your payment obligations hereunder.
6. INTELLECTUAL PROPERTY RIGHTS.
4.1. The Site and all IPR therein are owned by PC Sportscards and/or its content providers and other licensors and are subject to protection under the relevant intellectual property laws throughout the world. Except as expressly set forth in these Terms or as otherwise permitted in writing by PC Sportscards, you agree not to: (1) capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the Site, in whole or in part, on any other website or in any medium now known or hereafter developed; and (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the Site (each of the foregoing, “Unauthorized Conduct”).
4.2. Any Unauthorized Conduct constitutes a violation of these Terms and an infringement of the IPR of PC Sportscards and/or its content providers or other licensors. Any such infringement or violation may subject you to civil and criminal liability and penalties under intellectual property laws throughout the world, including without limitation the payment of damages and attorney’s fees.
6. INTELLECTUAL PROPERTY RIGHTS.
4.1. The Site and all IPR therein are owned by PC Sportscards and/or its content providers and other licensors and are subject to protection under the relevant intellectual property laws throughout the world. Except as expressly set forth in these Terms or as otherwise permitted in writing by PC Sportscards, you agree not to: (1) capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the Site, in whole or in part, on any other website or in any medium now known or hereafter developed; and (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the Site (each of the foregoing, “Unauthorized Conduct”).
4.2. Any Unauthorized Conduct constitutes a violation of these Terms and an infringement of the IPR of PC Sportscards and/or its content providers or other licensors. Any such infringement or violation may subject you to civil and criminal liability and penalties under intellectual property laws throughout the world, including without limitation the payment of damages and attorney’s fees.
7. Site Rules and Guidelines.
7.1. Any features and/or services provided on the Site by PC Sportscards are subject to the Terms, the guidelines set forth below or as published or modified by PC Sportscards from time to time (collectively, the “Rules”). Notwithstanding anything to the contrary in these Rules, in the event that PC Sportscards determines, in its sole discretion, that you have violated these Rules and/or the Privacy Policy, or that any part or portion of your use violates the Rules, PC Sportscards will have the right to temporarily suspend your user account and access to the Site, with or without notice to you, prior or otherwise. In the event of your repeated violation of the Rules, PC Sportscards will have the right to immediately and permanently terminate your user account or access to the Site, with or without notice to you, prior or otherwise. In the event that PC Sportscards, in its sole discretion, determines that your first violation is particularly offensive, PC Sportscards will have the right to immediately and permanently terminate your user account or access to the Site, with or without notice to you, prior or otherwise. Any user may report abuse of the Rules by sending an email to customerservice@pcsportscards.com. User Registration and Acceptance of Rules. In order to access some features of the Site, you may be required to create or register for a user account. In consideration for your use of the Site, you agree to: (1) comply with the Rules; (2) provide accurate, complete and true information about yourself as may be required on any registration form for the Site (your “Registration Information”) in order to create your user account; and (3) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information, may, at PC Sportscards’s sole discretion, have their user accounts suspended or terminated, and may be permanently banned from using any current or future features or services of the Site. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. If you open an account or obtain services from outside the United States, you (i) do so at your own risk and are responsible for complying with the laws and regulations of your territory of residence in connection with the submission and (ii) understand this Agreement and your use of the Site are governed by the laws as set forth in this Agreement.
7.2. Account Security. You are solely responsible maintaining the confidentiality of your username and password and related account information. We urge you not to share your login information with others, as this may lead to unauthorized access to your user account and the information therein. You agree that you will: (1) immediately notify PC Sportscards of any unauthorized use of your user account; and (2) ensure that you properly log out of the Site at the completion of your use session. You are solely responsible for the activity that occurs on or through your user account. PC Sportscards shall have no liability for any loss or damage arising from your use of a user account, the Site, or your failure to comply with these requirements. PC Sportscards will not be liable for any losses caused by any unauthorized use of your user account, and you may be liable for the losses of PC Sportscards or others due to such unauthorized use. Accounts are personal and non-transferablel. There cannot be joint owners of an account and only the individual authorized under the account may request or obtain services under that account. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Agreement. Such account is owned and controlled by the business entity. We reserve the right to limit or modify account registration at any time and to accept or refuse registration at our discretion. You may not have more than one (1) account at a time. If you open additional accounts, we will merge the accounts and any related debts.
7.3. The following non-inclusive list of violations may result in the termination or suspension of your user account and/or your access to the Site. You agree not to engage in any of the following on the Site:
7.3.1. Use of our Site if you are not able to form legally binding contracts (for example, if you are under 18 years of age) or have been suspended from using the Site, or a person with whom transactions are prohibited under trade sanctions;
7.3.2. Manipulate the price of any item or interfere with an auction (including but not limited to, shill bidding);
7.3.3. Use any means to copy, redistribute, reproduce, rip, record, transfer, perform, or otherwise make available any IPR accessed through the Site;
7.3.4. Reverse engineering, decompiling, disassembling, modifying, or creating any derivative works of the Site, except to the extent permitted by applicable law;
7.3.5. Providing your password to any other person or using any other person’s username and password;
7.3.6. Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;
7.3.7. Use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
7.3.8. Impersonate or misrepresent your affiliation with any person, or institution; or
7.3.9. Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site; or
7.3.10. Sell products that are trimmed or altered in any way.
7.3.11. Sell products that are stolen or illegally obtained.
7.3.12.
7. Site Rules and Guidelines.
7.1. Any features and/or services provided on the Site by PC Sportscards are subject to the Terms, the guidelines set forth below or as published or modified by PC Sportscards from time to time (collectively, the “Rules”). Notwithstanding anything to the contrary in these Rules, in the event that PC Sportscards determines, in its sole discretion, that you have violated these Rules and/or the Privacy Policy, or that any part or portion of your use violates the Rules, PC Sportscards will have the right to temporarily suspend your user account and access to the Site, with or without notice to you, prior or otherwise. In the event of your repeated violation of the Rules, PC Sportscards will have the right to immediately and permanently terminate your user account or access to the Site, with or without notice to you, prior or otherwise. In the event that PC Sportscards, in its sole discretion, determines that your first violation is particularly offensive, PC Sportscards will have the right to immediately and permanently terminate your user account or access to the Site, with or without notice to you, prior or otherwise. Any user may report abuse of the Rules by sending an email to customerservice@pcsportscards.com. User Registration and Acceptance of Rules. In order to access some features of the Site, you may be required to create or register for a user account. In consideration for your use of the Site, you agree to: (1) comply with the Rules; (2) provide accurate, complete and true information about yourself as may be required on any registration form for the Site (your “Registration Information”) in order to create your user account; and (3) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information, may, at PC Sportscards’s sole discretion, have their user accounts suspended or terminated, and may be permanently banned from using any current or future features or services of the Site. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. If you open an account or obtain services from outside the United States, you (i) do so at your own risk and are responsible for complying with the laws and regulations of your territory of residence in connection with the submission and (ii) understand this Agreement and your use of the Site are governed by the laws as set forth in this Agreement.
7.2. Account Security. You are solely responsible maintaining the confidentiality of your username and password and related account information. We urge you not to share your login information with others, as this may lead to unauthorized access to your user account and the information therein. You agree that you will: (1) immediately notify PC Sportscards of any unauthorized use of your user account; and (2) ensure that you properly log out of the Site at the completion of your use session. You are solely responsible for the activity that occurs on or through your user account. PC Sportscards shall have no liability for any loss or damage arising from your use of a user account, the Site, or your failure to comply with these requirements. PC Sportscards will not be liable for any losses caused by any unauthorized use of your user account, and you may be liable for the losses of PC Sportscards or others due to such unauthorized use. Accounts are personal and non-transferablel. There cannot be joint owners of an account and only the individual authorized under the account may request or obtain services under that account. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Agreement. Such account is owned and controlled by the business entity. We reserve the right to limit or modify account registration at any time and to accept or refuse registration at our discretion. You may not have more than one (1) account at a time. If you open additional accounts, we will merge the accounts and any related debts.
7.3. The following non-inclusive list of violations may result in the termination or suspension of your user account and/or your access to the Site. You agree not to engage in any of the following on the Site:
7.3.1. Use of our Site if you are not able to form legally binding contracts (for example, if you are under 18 years of age) or have been suspended from using the Site, or a person with whom transactions are prohibited under trade sanctions;
7.3.2. Manipulate the price of any item or interfere with an auction (including but not limited to, shill bidding);
7.3.3. Use any means to copy, redistribute, reproduce, rip, record, transfer, perform, or otherwise make available any IPR accessed through the Site;
7.3.4. Reverse engineering, decompiling, disassembling, modifying, or creating any derivative works of the Site, except to the extent permitted by applicable law;
7.3.5. Providing your password to any other person or using any other person’s username and password;
7.3.6. Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;
7.3.7. Use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
7.3.8. Impersonate or misrepresent your affiliation with any person, or institution; or
7.3.9. Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site; or
7.3.10. Sell products that are trimmed or altered in any way.
7.3.11. Sell products that are stolen or illegally obtained.
7.3.12.
8. RIGHTS YOU GRANT PC SPORTSCARDS. In consideration for the rights granted to you under these Terms, you grant PC Sportscards the right to allow the Site to use the processor, bandwidth, and storage hardware on your device, as necessary to run the Site. If you provide feedback, ideas, comments or suggestions in connection with the Site (“Feedback”) you acknowledge that such Feedback is not confidential and that PC Sportscards may use such Feedback without any restriction and without payment to you.
8. RIGHTS YOU GRANT PC SPORTSCARDS. In consideration for the rights granted to you under these Terms, you grant PC Sportscards the right to allow the Site to use the processor, bandwidth, and storage hardware on your device, as necessary to run the Site. If you provide feedback, ideas, comments or suggestions in connection with the Site (“Feedback”) you acknowledge that such Feedback is not confidential and that PC Sportscards may use such Feedback without any restriction and without payment to you.
9. ELECTRONIC COMMUNICATIONS.
9.1. Express Consent: When you create an account with PC Sportscards and provide you email address and/or mobile phone number and/or when you communicate with us electronically, such as via email or through the Service, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY AND/OR VIA TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS TO YOUR PHONE FROM US AND OUR AFFILIATES. These communications may include notices about your account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), advertisements, and your relationship with us. You represent that you are the account holder for the mobile telephone number(s) that you provide. If you change your mobile telephone number(s), you will notify us immediately by updating your number in your account. Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to you electronically and/or in this Agreement satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
9.2. Messages You May Receive From Us And Opting Out. PC Sportscards and our service providers may use automated or manual means to deliver text messages to you if you have a U.S. phone number. You may opt out of these communications at any time. You may opt out of promotional communications at any time by replying STOP to any text message or updating your preferences in your account settings. .If you do not have a mobile telephone service rate plan with unlimited text messaging, text message and data rates may apply to each text message you send or receive. Please contact your mobile telephone carrier regarding applicable charges including any applicable roaming charges. We do not impose a separate fee for sending our text messages.
9. ELECTRONIC COMMUNICATIONS.
9.1. Express Consent: When you create an account with PC Sportscards and provide you email address and/or mobile phone number and/or when you communicate with us electronically, such as via email or through the Service, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY AND/OR VIA TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS TO YOUR PHONE FROM US AND OUR AFFILIATES. These communications may include notices about your account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), advertisements, and your relationship with us. You represent that you are the account holder for the mobile telephone number(s) that you provide. If you change your mobile telephone number(s), you will notify us immediately by updating your number in your account. Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to you electronically and/or in this Agreement satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
9.2. Messages You May Receive From Us And Opting Out. PC Sportscards and our service providers may use automated or manual means to deliver text messages to you if you have a U.S. phone number. You may opt out of these communications at any time. You may opt out of promotional communications at any time by replying STOP to any text message or updating your preferences in your account settings. .If you do not have a mobile telephone service rate plan with unlimited text messaging, text message and data rates may apply to each text message you send or receive. Please contact your mobile telephone carrier regarding applicable charges including any applicable roaming charges. We do not impose a separate fee for sending our text messages.
10. SERVICE LIMITATIONS. PC Sportscards will make commercially reasonable efforts to keep the Site operational but certain technical difficulties, required maintenance, testing, and updates may, from time to time, results in temporary interruptions. PC Sportscards reserves the right to modify, discontinue (either temporarily or permanently) any function or feature of the Site, or the Site in its entirety. PC Sportscards will always try to give you advance notice of such interruptions, but shall have no liability for any interruptions in service.
10. SERVICE LIMITATIONS. PC Sportscards will make commercially reasonable efforts to keep the Site operational but certain technical difficulties, required maintenance, testing, and updates may, from time to time, results in temporary interruptions. PC Sportscards reserves the right to modify, discontinue (either temporarily or permanently) any function or feature of the Site, or the Site in its entirety. PC Sportscards will always try to give you advance notice of such interruptions, but shall have no liability for any interruptions in service.
11. THIRD PARTY WEBSITES. Some of the information on the Site may be proprietary to Third Party Providers and licensed to PC Sportscards. The Site may furthermore frame, and/or contain links to or advertisements about, non-PC Sportscards websites (the “Linked Sites”). The Linked Sites may also reference, advertise, or link to the Sites. Notwithstanding the foregoing, PC Sportscards does not itself endorse or sponsor the Linked Sites and is not responsible for the content of such sites. PC Sportscards expressly disclaims any statements or assertions made on all non-PC Sportscards websites, and denies all liability associated with your use of any Linked Site or its content. You are responsible for reviewing and abiding by the privacy statements and terms of use posted on such other websites. Your interactions with third parties (including, without limitation, advertisers) on the Linked Sites and your transactions, and any terms, conditions, warranties or representations associated with such transactions on the Linked Sites, are solely between you and the advertiser or other third party. Third party trademarks, trade names, product names and logos are the trademarks or registered trademarks of their respective owners.
11. THIRD PARTY WEBSITES. Some of the information on the Site may be proprietary to Third Party Providers and licensed to PC Sportscards. The Site may furthermore frame, and/or contain links to or advertisements about, non-PC Sportscards websites (the “Linked Sites”). The Linked Sites may also reference, advertise, or link to the Sites. Notwithstanding the foregoing, PC Sportscards does not itself endorse or sponsor the Linked Sites and is not responsible for the content of such sites. PC Sportscards expressly disclaims any statements or assertions made on all non-PC Sportscards websites, and denies all liability associated with your use of any Linked Site or its content. You are responsible for reviewing and abiding by the privacy statements and terms of use posted on such other websites. Your interactions with third parties (including, without limitation, advertisers) on the Linked Sites and your transactions, and any terms, conditions, warranties or representations associated with such transactions on the Linked Sites, are solely between you and the advertiser or other third party. Third party trademarks, trade names, product names and logos are the trademarks or registered trademarks of their respective owners.
12. TERMINATION. You understand and agree that PC Sportscards may, in its sole discretion and at any time suspend, or terminate your use of the Site for any reason. PC Sportscards may also, in its sole discretion and at any time, discontinue the Site, in whole or in part, or limit or restrict any access thereto, for any reason. You understand and agree that PC Sportscards may take any one or more of these actions without any notice to you, prior or otherwise. You understand and agree that PC Sportscards shall not have any liability to you or any other person for any termination of your access to the Site and/or the removal of information concerning your actions on the Site.
12. TERMINATION. You understand and agree that PC Sportscards may, in its sole discretion and at any time suspend, or terminate your use of the Site for any reason. PC Sportscards may also, in its sole discretion and at any time, discontinue the Site, in whole or in part, or limit or restrict any access thereto, for any reason. You understand and agree that PC Sportscards may take any one or more of these actions without any notice to you, prior or otherwise. You understand and agree that PC Sportscards shall not have any liability to you or any other person for any termination of your access to the Site and/or the removal of information concerning your actions on the Site.
13. INDEMNIFICATION. You agree to indemnify and hold PC Sportscards harmless for any and all disputes, claims, damages, losses, and causes of action (including without limitation attorney’s fees) arising from these Terms, your use of this Site, or your violation or claimed violation of any law or rights of a third party, or any other breach or claimed breach of the Terms.
13. INDEMNIFICATION. You agree to indemnify and hold PC Sportscards harmless for any and all disputes, claims, damages, losses, and causes of action (including without limitation attorney’s fees) arising from these Terms, your use of this Site, or your violation or claimed violation of any law or rights of a third party, or any other breach or claimed breach of the Terms.
14. DISCLAIMER. YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PC SPORTSCARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. PC SPORTSCARDS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE DOES NOT VIOLATE ANY IPR OF ANY PERSON. PC SPORTSCARDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PC SPORTSCARDS) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PC SPORTSCARDS AND ITS AFFILIATED ENTITIES SHALL CREATE A WARRANTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
14. DISCLAIMER. YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PC SPORTSCARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. PC SPORTSCARDS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE DOES NOT VIOLATE ANY IPR OF ANY PERSON. PC SPORTSCARDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PC SPORTSCARDS) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PC SPORTSCARDS AND ITS AFFILIATED ENTITIES SHALL CREATE A WARRANTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL PC SPORTSCARDS AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, PC SPORTSCARDS EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INDIRECT, OR INCIDENTAL LOSSES ARISING FROM AUCTION RESULTS, GRADING OPINIONS, OR THE SUBJECTIVE VALUATION OF HOBBYIST OR COLLECTIBLE ITEMS. WHILE PC SPORTSCARDS TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, PC SPORTSCARDS AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF PC SPORTSCARDS AND ITS AFFILIATED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO PC SPORTSCARDS, IF ANY, FOR ACCESSING AND USING THIS SITE AND ITS GRADING AND AUCTION SERVICES.
15. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL PC SPORTSCARDS AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, PC SPORTSCARDS EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INDIRECT, OR INCIDENTAL LOSSES ARISING FROM AUCTION RESULTS, GRADING OPINIONS, OR THE SUBJECTIVE VALUATION OF HOBBYIST OR COLLECTIBLE ITEMS. WHILE PC SPORTSCARDS TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, PC SPORTSCARDS AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF PC SPORTSCARDS AND ITS AFFILIATED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO PC SPORTSCARDS, IF ANY, FOR ACCESSING AND USING THIS SITE AND ITS GRADING AND AUCTION SERVICES.
16. INTERNATIONAL ACCESS. PC Sportscards makes no representation that the Site, the Content, and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use by certain individuals or in certain countries. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. INTERNATIONAL ACCESS. PC Sportscards makes no representation that the Site, the Content, and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use by certain individuals or in certain countries. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. COPYRIGHT NOTICE. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by PC Sportscards infringe your copyright (for example, materials posted by PC Sportscards), you (or your agent) may send PC Sportscards a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site is covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PC Sportscards to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by PC Sportscards against you, the DMCA permits you to send PC Sportscards a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Site should be sent to our Copyright Agent for Notice of claims of copyright infringement at: FILL IN
17. COPYRIGHT NOTICE. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by PC Sportscards infringe your copyright (for example, materials posted by PC Sportscards), you (or your agent) may send PC Sportscards a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site is covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PC Sportscards to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by PC Sportscards against you, the DMCA permits you to send PC Sportscards a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Site should be sent to our Copyright Agent for Notice of claims of copyright infringement at: FILL IN
18. AUCTION and GRADING SPECIFIC TERMS.
18.1. Representations. By submitting items to PC Sportscards for grading or auction, you represent and warrant:
18.1.1. That you have legal ownership and full rights and authority to sell such items and that such items are unaltered and
18.1.2. That all statements you have made, including regarding the character, quantity, features, condition, authenticity, and history of the items(s) are accurate.
18.2. Third-Party Submissions. If any items are being submitted for a third party (for auction, grading, or otherwise), you represent and warrant that such third party has agreed and accepted this Agreement and that you have authority to accept this agreement on their behalf.
18.3. Auction and Grading Submissions.
18.3.1. By submitting your cards (the “Property”) for sale via auction you are asking PC Sportscards to sell them on a consignment basis (“Consignment”). You, not PC Sportcards, still own the Property (the “Consigned Property”), even after you deliver the Consigned Property to PC Sportscards. After PC Sportscards receives the Consigned Property from you, we will send you an email confirming the items of Consigned Property have been received. Once grading is complete, if applicable, the Consigned Property will then be processed and listed as available for sale on the third-party auction site. Please note that all list prices may be determined at PC Sportscards’ sole discretion.
18.3.2. Once item(s) have been submitted to PC Sportscards, we have the exclusive right to sell the item(s) or not to sell the items (in PC Sportscards’s sole discretion) with the goal of maximizing the sale price and maintaining our reputation for selling quality items. PC Sportscards makes no representations or guarantees about the success of any auction and cannot guarantee that your item(s) will be successfully sold at any price.
18.3.3. Subject to termination of this Agreement, the “Consignment Period” for each item of Consigned Property begins on the date an item is received for Consignment and ends 365 days thereafter. At any time during the Consignment Period, and subject to this provision, you may request in writing that PC Sportscards return your Consigned Property (a “Return Request”), so long as the Consigned Property has not already been sold and you do not owe PC Sportscards any money. Once PC Sportscards receives your Return Request, we will use commercially reasonable efforts to remove the Consigned Property from the third-party auction site before it is sold and return such Consigned Property to you (shipping is at your cost).
18.3.4. If a Consigned Property item has not been sold by the end of the Consignment Period, PC Sportscards may contact you and return the Consigned Property item to you (shipping is at your cost).
18.3.5. Title to Consigned Property. You will continue to own and have title to each item of Consigned Property until that item is sold or until the end of the Consignment Period. An item will be considered sold at the earlier of: (1) sale to a third-party which is not returned during the applicable return period; or (2) it is lost, stolen, damaged, or destroyed while in PC Sportscards’ possession.
18.3.6. After a successful auction PC Sportscards shall pay you within two (2) business days of your request for payment. Balance sheets are updated in real-time.
18.3.7. If an auction buyer returns an item your account will be debited the cost of the returned item. If an auction buyer returns an item because the condition was not correctly listed by you or other failure on your part, then you will also be debited the cost of the 3% return fee. If your account has a net balance of zero, then you will be expected to reimburse PC Sportscards within fifteen (15) days of notice. Late payments will accrue interest at 1.5% per month.
18.3.8. You hereby grant to PC Sportscards an assignment of and lien against your Property in the amount of any fees and other charges due and payable pursuant to these Terms for the applicable PC Sportscards’s Services. You hereby authorize PC Sportcards to file, at any time on or after the date such pricing totals and other charges become due, appropriate uniform commercial code financing statements in such jurisdictions and offices as PC Sportscards deems necessary in connection with the perfection of a security interest in the Property. If you do not pay all obligations due under these Terms, PC Sportscards may execute its security interest in your submitted item(s) by selling or otherwise disposing of such item(s) as permitted by applicable law, and applying any proceeds to the delinquent balance. Such security interest will be removed once all outstanding fees have been paid.
18.3.9. If there is a dispute between you and PC Sportscards relating to your Consigned Property, PC Sportscards will have no obligation to pay any commissions or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. PC Sportscards may withhold any commissions due to you (including any due for sold items of Consigned Property not subject to the dispute) and setoff such commissions in full or partial satisfaction of any amounts you owe to PC Sportscards.
18.3.10. You must not bid on your own items, such behavior will result in being barred from PC Sportscards’ services.
18.3.11. PC Sportscards sends cards provided by you to a third-party company (“Grading Company”). PC Sportscards will ensure that the Grading Company makes best efforts to grade items promptly, but cannot guarantee a specific time frame. Further, since a third-party does the actual grading, PC Sportcards will have no liability whatsoever to you for any and all damages, including, but not limited to, incidental or consequential damages, due to any failure to grade any items within any time frame.
18.3.12. PC Sportscards will not send items for grading which bear evidence of tampering and you agree not to knowingly submit any such items. You agree that in the event PC Sportscards (or the Grading Company) rejects any items for grading, PC Sportcards shall not refund the amount paid by you because the determination to reject an item requires a review. You represent and warrant that you have no knowledge and no reasonable basis to believe that any item submitted for grading has been altered in any way or is not authentic
18.3.13. Grading involves subjective judgment and requires the exercise of a professional opinion, which can change from time to time. Therefore, PC Sportscards makes no warranty or representation and shall have no liability whatsoever to you for the grade assigned to any item. The amount paid to PC Sportcards is non-refundable once the item is received by PC Sportscards.
18. AUCTION and GRADING SPECIFIC TERMS.
18.1. Representations. By submitting items to PC Sportscards for grading or auction, you represent and warrant:
18.1.1. That you have legal ownership and full rights and authority to sell such items and that such items are unaltered and
18.1.2. That all statements you have made, including regarding the character, quantity, features, condition, authenticity, and history of the items(s) are accurate.
18.2. Third-Party Submissions. If any items are being submitted for a third party (for auction, grading, or otherwise), you represent and warrant that such third party has agreed and accepted this Agreement and that you have authority to accept this agreement on their behalf.
18.3. Auction and Grading Submissions.
18.3.1. By submitting your cards (the “Property”) for sale via auction you are asking PC Sportscards to sell them on a consignment basis (“Consignment”). You, not PC Sportcards, still own the Property (the “Consigned Property”), even after you deliver the Consigned Property to PC Sportscards. After PC Sportscards receives the Consigned Property from you, we will send you an email confirming the items of Consigned Property have been received. Once grading is complete, if applicable, the Consigned Property will then be processed and listed as available for sale on the third-party auction site. Please note that all list prices may be determined at PC Sportscards’ sole discretion.
18.3.2. Once item(s) have been submitted to PC Sportscards, we have the exclusive right to sell the item(s) or not to sell the items (in PC Sportscards’s sole discretion) with the goal of maximizing the sale price and maintaining our reputation for selling quality items. PC Sportscards makes no representations or guarantees about the success of any auction and cannot guarantee that your item(s) will be successfully sold at any price.
18.3.3. Subject to termination of this Agreement, the “Consignment Period” for each item of Consigned Property begins on the date an item is received for Consignment and ends 365 days thereafter. At any time during the Consignment Period, and subject to this provision, you may request in writing that PC Sportscards return your Consigned Property (a “Return Request”), so long as the Consigned Property has not already been sold and you do not owe PC Sportscards any money. Once PC Sportscards receives your Return Request, we will use commercially reasonable efforts to remove the Consigned Property from the third-party auction site before it is sold and return such Consigned Property to you (shipping is at your cost).
18.3.4. If a Consigned Property item has not been sold by the end of the Consignment Period, PC Sportscards may contact you and return the Consigned Property item to you (shipping is at your cost).
18.3.5. Title to Consigned Property. You will continue to own and have title to each item of Consigned Property until that item is sold or until the end of the Consignment Period. An item will be considered sold at the earlier of: (1) sale to a third-party which is not returned during the applicable return period; or (2) it is lost, stolen, damaged, or destroyed while in PC Sportscards’ possession.
18.3.6. After a successful auction PC Sportscards shall pay you within two (2) business days of your request for payment. Balance sheets are updated in real-time.
18.3.7. If an auction buyer returns an item your account will be debited the cost of the returned item. If an auction buyer returns an item because the condition was not correctly listed by you or other failure on your part, then you will also be debited the cost of the 3% return fee. If your account has a net balance of zero, then you will be expected to reimburse PC Sportscards within fifteen (15) days of notice. Late payments will accrue interest at 1.5% per month.
18.3.8. You hereby grant to PC Sportscards an assignment of and lien against your Property in the amount of any fees and other charges due and payable pursuant to these Terms for the applicable PC Sportscards’s Services. You hereby authorize PC Sportcards to file, at any time on or after the date such pricing totals and other charges become due, appropriate uniform commercial code financing statements in such jurisdictions and offices as PC Sportscards deems necessary in connection with the perfection of a security interest in the Property. If you do not pay all obligations due under these Terms, PC Sportscards may execute its security interest in your submitted item(s) by selling or otherwise disposing of such item(s) as permitted by applicable law, and applying any proceeds to the delinquent balance. Such security interest will be removed once all outstanding fees have been paid.
18.3.9. If there is a dispute between you and PC Sportscards relating to your Consigned Property, PC Sportscards will have no obligation to pay any commissions or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. PC Sportscards may withhold any commissions due to you (including any due for sold items of Consigned Property not subject to the dispute) and setoff such commissions in full or partial satisfaction of any amounts you owe to PC Sportscards.
18.3.10. You must not bid on your own items, such behavior will result in being barred from PC Sportscards’ services.
18.3.11. PC Sportscards sends cards provided by you to a third-party company (“Grading Company”). PC Sportscards will ensure that the Grading Company makes best efforts to grade items promptly, but cannot guarantee a specific time frame. Further, since a third-party does the actual grading, PC Sportcards will have no liability whatsoever to you for any and all damages, including, but not limited to, incidental or consequential damages, due to any failure to grade any items within any time frame.
18.3.12. PC Sportscards will not send items for grading which bear evidence of tampering and you agree not to knowingly submit any such items. You agree that in the event PC Sportscards (or the Grading Company) rejects any items for grading, PC Sportcards shall not refund the amount paid by you because the determination to reject an item requires a review. You represent and warrant that you have no knowledge and no reasonable basis to believe that any item submitted for grading has been altered in any way or is not authentic
18.3.13. Grading involves subjective judgment and requires the exercise of a professional opinion, which can change from time to time. Therefore, PC Sportscards makes no warranty or representation and shall have no liability whatsoever to you for the grade assigned to any item. The amount paid to PC Sportcards is non-refundable once the item is received by PC Sportscards.
19. Shipping, Storage, and Inspection.
19.1. All items must be mailed with adequate protection, including using painters tape on packages and bags. Items that are packed using excessing packing tape or shrink wrap may be damaged in opening and PC Sportscards shall have no liability for such damages.
19.2. If you choose not to include our packing form in your shipment, PC Sportscards has no accurate inventory and cannot be liable for any cards that are missing upon delivery.
19.3. PC Sportscards shall have no liability whatsoever to you, or any third party for whom you may be acting, (i) for any personal injury or (ii) any damage to any item, or otherwise, unless resulting directly from PC Sportscards’s gross negligence (including if an item arrives damaged), or (iii) for any damage to any item that PC Sportscards can reasonably demonstrate occurred while the item was not in the custody or control of PC Sportscards including, but not limited to, loss or damage to items while being shipped to PC Sportscards, while being shipped to the purchaser from an auction or to the Grading Company, or while being shipped by PC Sportscards to you.
19.4. PC Sportscards will exercise reasonable care in handling items submitted for auction and grading. However, if PC Sportscards determines that your item was lost or damaged while in PC Sportscards’ possession, you will be compensated based upon the fair market value of the item as determined by PC Sportscards standard procedures, which may include filing a claim with our insurance carrier. IN NO EVENT SHALL PC SPORTSCARD’S TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM. Such compensation shall be your exclusive remedy for any loss or damage.
19.5. You must inspect all items immediately upon receipt and PC Sportscards disclaims any liability for damage or discrepancies or errors, including but not limited to, errors in the description of the item, unless reported to PC Sportscards within five (5) days of your receipt of the item(s). You agrees to return any incorrectly described item to PC Sportscards upon request for correction and you agree to indemnify and hold PC Sportscards harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
19.6. Any items that have been stored at PC Sportscards for over thirty (30) days without being listed for sale will accrue a fee of $1 per item per month. If you are nonresponse for ninety (90) days or more, PC Sportscards may being legal proceedings to properly dispose of your property in compliance with Section 18.3.8.
19. Shipping, Storage, and Inspection.
19.1. All items must be mailed with adequate protection, including using painters tape on packages and bags. Items that are packed using excessing packing tape or shrink wrap may be damaged in opening and PC Sportscards shall have no liability for such damages.
19.2. If you choose not to include our packing form in your shipment, PC Sportscards has no accurate inventory and cannot be liable for any cards that are missing upon delivery.
19.3. PC Sportscards shall have no liability whatsoever to you, or any third party for whom you may be acting, (i) for any personal injury or (ii) any damage to any item, or otherwise, unless resulting directly from PC Sportscards’s gross negligence (including if an item arrives damaged), or (iii) for any damage to any item that PC Sportscards can reasonably demonstrate occurred while the item was not in the custody or control of PC Sportscards including, but not limited to, loss or damage to items while being shipped to PC Sportscards, while being shipped to the purchaser from an auction or to the Grading Company, or while being shipped by PC Sportscards to you.
19.4. PC Sportscards will exercise reasonable care in handling items submitted for auction and grading. However, if PC Sportscards determines that your item was lost or damaged while in PC Sportscards’ possession, you will be compensated based upon the fair market value of the item as determined by PC Sportscards standard procedures, which may include filing a claim with our insurance carrier. IN NO EVENT SHALL PC SPORTSCARD’S TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM. Such compensation shall be your exclusive remedy for any loss or damage.
19.5. You must inspect all items immediately upon receipt and PC Sportscards disclaims any liability for damage or discrepancies or errors, including but not limited to, errors in the description of the item, unless reported to PC Sportscards within five (5) days of your receipt of the item(s). You agrees to return any incorrectly described item to PC Sportscards upon request for correction and you agree to indemnify and hold PC Sportscards harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
19.6. Any items that have been stored at PC Sportscards for over thirty (30) days without being listed for sale will accrue a fee of $1 per item per month. If you are nonresponse for ninety (90) days or more, PC Sportscards may being legal proceedings to properly dispose of your property in compliance with Section 18.3.8.
20. NOTICE FOR CALIFORNIA USERS: This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. NOTICE FOR CALIFORNIA USERS: This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. OTHER.
21.1. Certification. You certify that you are at least 16 years of age and that your answers to the registration materials on the Site will be truthful. In accessing and using the Site, you understand and agree that basic information concerning you, given to the Site, may be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided in our Privacy Policy.
21.2. Governing Law. Your use of this Site constitutes your consent and submission to service of process under applicable United States law and your submission to the exclusive jurisdiction and venue of the state and federal courts located in the State of New York in New York county, for the purposes of any legal action or claim pertaining to these Terms of Use, or arising from the use of the Site and you hereby waive any defenses such as lack of personal jurisdiction or forum non conveniens. These Terms of Use shall be construed and enforced in accordance with the law of the State of New York, and without regard to the choice of law principles thereof.
21.3. Arbitration. Except for the right of either party to seek an injunction or other equitable relief in any court of competent jurisdiction to maintain the status quo or prevent irreparable harm, the parties hereto agree to enter into good faith negotiations to resolve any dispute, claim or controversy at law or equity that arises out of or is related to use of the Site, or the contents of the Terms or the Privacy Policy (each, a “Claim”), for a period of thirty (30) days from the date the Claim arose. If such negotiation is unsuccessful, any Claim under this Agreement shall be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Such arbitration shall take place in New York, New York. Judgment upon an arbitration award may be entered in any court of competent jurisdiction. You may opt out of the arbitration and class action waiver provisions by sending written notice to customerservice@pcsportscards.com within 30 days of your acceptance of these Terms.
21.4. All Claims you bring against PC Sportscards must be resolved in accordance with this section. All Claims filed or brought contrary to this section shall be considered improperly filed. Should you file a Claim contrary to this section, PC Sportscards may recover reasonable attorney’s fees and costs, provided that PC Sportscards has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim within thirty (30) days of such notice.
21.5. Any Claims must be filed within one (1) year after such Claim arose regardless of any status or law to the contrary. In the event any such Claim is not filed within such one (1) year period, such Claim shall be barred.
21.6. Any failure to act by PC Sportscards with respect to a breach by you or others does not waive PC Sportscards’s right to act with respect to subsequent or similar breaches.
21.7. Notwithstanding anything to the contrary, PC Sportscards reserves the right to seek the remedy of specific performance of any term of these Terms, or a preliminary or permanent injunction against the violation of these Terms or in aid of the exercise of any power granted in these Terms, or any combination thereof.
21.8. Captions and Headings. All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning or content of these Terms.
21.9. Relationship. The relationship between the Parties is as set out in these Terms and no employment, joint venture, partnership or agency relationship shall be deemed to subsist between the Parties and neither shall have the power to bind the other, except as otherwise set forth herein.
21.10. Severability. If any of the provisions of the Terms are held illegal, inapplicable or non-executable by a court of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and remain enforceable and said ruling will not affect any other provision set forth in this the Terms and will not render such other provisions invalid, inapplicable or non-executable.
21.11. Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.
21.12. Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PC Sportscards as a result of these Terms or your use of the Site. These Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of any obligation on our part to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
21.13. Entire Agreement. These Terms set forth the entire understanding and agreement between you and PC Sportscards with respect to the subject matter of these Terms.
21.14. Last Modification. This Terms of Use was last modified on 20 AUG 2025.
21. OTHER.
21.1. Certification. You certify that you are at least 16 years of age and that your answers to the registration materials on the Site will be truthful. In accessing and using the Site, you understand and agree that basic information concerning you, given to the Site, may be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided in our Privacy Policy.
21.2. Governing Law. Your use of this Site constitutes your consent and submission to service of process under applicable United States law and your submission to the exclusive jurisdiction and venue of the state and federal courts located in the State of New York in New York county, for the purposes of any legal action or claim pertaining to these Terms of Use, or arising from the use of the Site and you hereby waive any defenses such as lack of personal jurisdiction or forum non conveniens. These Terms of Use shall be construed and enforced in accordance with the law of the State of New York, and without regard to the choice of law principles thereof.
21.3. Arbitration. Except for the right of either party to seek an injunction or other equitable relief in any court of competent jurisdiction to maintain the status quo or prevent irreparable harm, the parties hereto agree to enter into good faith negotiations to resolve any dispute, claim or controversy at law or equity that arises out of or is related to use of the Site, or the contents of the Terms or the Privacy Policy (each, a “Claim”), for a period of thirty (30) days from the date the Claim arose. If such negotiation is unsuccessful, any Claim under this Agreement shall be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Such arbitration shall take place in New York, New York. Judgment upon an arbitration award may be entered in any court of competent jurisdiction. You may opt out of the arbitration and class action waiver provisions by sending written notice to customerservice@pcsportscards.com within 30 days of your acceptance of these Terms.
21.4. All Claims you bring against PC Sportscards must be resolved in accordance with this section. All Claims filed or brought contrary to this section shall be considered improperly filed. Should you file a Claim contrary to this section, PC Sportscards may recover reasonable attorney’s fees and costs, provided that PC Sportscards has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim within thirty (30) days of such notice.
21.5. Any Claims must be filed within one (1) year after such Claim arose regardless of any status or law to the contrary. In the event any such Claim is not filed within such one (1) year period, such Claim shall be barred.
21.6. Any failure to act by PC Sportscards with respect to a breach by you or others does not waive PC Sportscards’s right to act with respect to subsequent or similar breaches.
21.7. Notwithstanding anything to the contrary, PC Sportscards reserves the right to seek the remedy of specific performance of any term of these Terms, or a preliminary or permanent injunction against the violation of these Terms or in aid of the exercise of any power granted in these Terms, or any combination thereof.
21.8. Captions and Headings. All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning or content of these Terms.
21.9. Relationship. The relationship between the Parties is as set out in these Terms and no employment, joint venture, partnership or agency relationship shall be deemed to subsist between the Parties and neither shall have the power to bind the other, except as otherwise set forth herein.
21.10. Severability. If any of the provisions of the Terms are held illegal, inapplicable or non-executable by a court of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and remain enforceable and said ruling will not affect any other provision set forth in this the Terms and will not render such other provisions invalid, inapplicable or non-executable.
21.11. Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.
21.12. Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PC Sportscards as a result of these Terms or your use of the Site. These Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of any obligation on our part to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
21.13. Entire Agreement. These Terms set forth the entire understanding and agreement between you and PC Sportscards with respect to the subject matter of these Terms.
21.14. Last Modification. This Terms of Use was last modified on 20 AUG 2025.
These Terms and Conditions of Use ("Agreement") is a legal agreement between you and PC Sportcards LLC ("PC Sportscards"), the owner and developer of https://www.pcsportscards.com/ (“Site”). By registering for any service provided on the Site you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY PC Sportscards SERVICE. The Terms are subject to change at any time, effective upon notice to you.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT. PLEASE READ CAREFULLY.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [web address/link]. PC SPORTSCARDS RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU. This Site is owned and operated by PC Sportscards LLC.
These terms set out:
• What you can expect from PC Sportscards;
• What we expect from you;
• What will happen in the case of a disagreement.
Understanding these terms are important as they govern our relationship and by using the Site you are agreeing to these terms.
These Terms of Use (the “Terms”) shall apply to use by you of the Site and of any information, text, graphics, video, data or other materials created and/or provided by PC Sportscards or otherwise appearing on the Site. Your use of the Site signifies your agreement to be bound by these Terms and the Privacy Policy, which is incorporated into these Terms by reference.
These Terms limit PC Sportscards’s liability and obligations to you, grant PC Sportscards certain rights and allows PC Sportscards to change, suspend or terminate your use of the Site. Your use of the Site is expressly conditioned on your compliance with these Terms. You agree to notify any employees, agents, household members or other individuals who will access the Site of the terms and conditions of these Terms and they must agree to be bound by these Terms, prior to their use of the Site.
YOU UNDERSTAND THAT BY USING THE SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE OR ACCESS THE SITE. TO ACCESS OR USE THE SITE, YOU MUST HAVE THE REQUISITE POWER AND AUTHORITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE IF YOU HAVE BEEN PREVIOUSLY BANNED.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and PC Sportscards are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exceptions, require you to submit claims you have against us to binding and final arbitration and limit you to claims against PC Sportscards on an individual basis, unless you opt-out in accordance with the instructions below.
YOU MUST BE AT LEAST SIXTEEN (16) YEARS OLD TO USE THE SITE. If you are not yet 16 years old, do not use the Site.
IF YOU ARE BETWEEN 16 AND 18 YEARS OLD: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to use the Site with both your and their full understanding of these Terms. By using the Site, you are telling us that you and your parent or guardian, have joined in this agreement.
IF YOU ARE A PARENT OR GUARDIAN: Parents and guardians are advised to exercise supervision over their children’s on-line activities. If you do not agree to these Terms, do not let your child use the Service. If you have any further questions about our Site and our use of personally identifiable information, please take a look at our Privacy Policy page or contact us at customerservice@pcsportscards.comIf you are the parent or guardian of a child under 16 and believe that they are using the Services, please contact us at customerservice@pcsportscards.com.
1. DEFINED TERMS. For purposes of the Terms, the following defined terms shall have these meanings:
1.1. “IPR” means any rights in or to, but not limited to, Site content, copyrights, patents, trademarks, brand names, trade names, business names, know-how or confidential information and any other rights in respect of any other industrial or intellectual property, whether registrable or not and wherever existing in the world and including without limitation all rights to apply for registrations of any of the foregoing rights;
1.2. “Site” means this site and any PC Sportscards iOS applications including any and all audio and/or visual elements thereof, created or owned by PC Sportscards or by PC Sportscards’s approved third party providers (“Third Party Provider”), including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works, designs, logos, and other information and content made available through the Site, as well as all underlying technical elements of all of the foregoing, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions.
2. RESPONSIBILITY FOR USE OF SITE. You understand and agree that you are solely responsible for your actions and decisions on the Site. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Site, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place (if at all). Your decision to purchase or sell any products or use any services provided on or through the Site should be based on your own informed evaluation of the products and services. No content presented on the Site should be viewed as legal, tax, investment, financial, professional, or other advice. The content on the Site is information of a general nature and does not address the circumstances of any particular individual, or entity, or constitute a comprehensive or completed statement of the matters discussed, or the law relating to such matters. PC Sportscards is not a fiduciary by virtue of any person’s use or access to the Site. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of Site. There are risks associated with buying, selling, trading, holding, or otherwise engaging with collectible items. These risks include risk of loss. A collectibles’ past financial performance is not a guarantee of future financial performance.
3. GRANT OF RIGHTS. PC Sportscards grants you a limited, non-exclusive, non-assignable, non-transferable right and license to use and display the Site, solely as described in these Terms, provided that you comply fully with these Terms. Your access to the Site shall remain in effect until and unless terminated by you or PC Sportscards.
4. SITE CHANGES. PC Sportscards may at any time and in its sole discretion, add, modify, or remove any feature, function or portion of the Site, the content, the Terms, and/or the Privacy Policy, in whole or in part, with or without notice to you, prior or otherwise. Any changes to the Terms will be effective as of the posting date. PC Sportscards will provide prominent notice on the Site of any major changes to the Terms and/or the Privacy Policy. Your continued use of the Site after PC Sportscards posts any modifications to the Terms and/or Privacy Policy shall be deemed your explicit acceptance of those modifications and shall constitute your agreement to be the Terms, as modified.
5. PAYMENT & FEES. We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or ongoing storage Services, we also charge those buyers for such supplemental Services. To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like Stripe, Zelle, PayPal, or any other payment method made available by PC Sportscards) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by PC Sportscards. PC Sportscards reserves the right to increase fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice. Delinquent balances shall accrue interest at the rate of 1.5% per month until paid (or, if less, the maximum interest rate permitted by applicable law); and PC Sportscards shall have a security interest in your Property to secure your payment obligations hereunder.
6. INTELLECTUAL PROPERTY RIGHTS.
4.1. The Site and all IPR therein are owned by PC Sportscards and/or its content providers and other licensors and are subject to protection under the relevant intellectual property laws throughout the world. Except as expressly set forth in these Terms or as otherwise permitted in writing by PC Sportscards, you agree not to: (1) capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the Site, in whole or in part, on any other website or in any medium now known or hereafter developed; and (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the Site (each of the foregoing, “Unauthorized Conduct”).
4.2. Any Unauthorized Conduct constitutes a violation of these Terms and an infringement of the IPR of PC Sportscards and/or its content providers or other licensors. Any such infringement or violation may subject you to civil and criminal liability and penalties under intellectual property laws throughout the world, including without limitation the payment of damages and attorney’s fees.
7. Site Rules and Guidelines.
7.1. Any features and/or services provided on the Site by PC Sportscards are subject to the Terms, the guidelines set forth below or as published or modified by PC Sportscards from time to time (collectively, the “Rules”). Notwithstanding anything to the contrary in these Rules, in the event that PC Sportscards determines, in its sole discretion, that you have violated these Rules and/or the Privacy Policy, or that any part or portion of your use violates the Rules, PC Sportscards will have the right to temporarily suspend your user account and access to the Site, with or without notice to you, prior or otherwise. In the event of your repeated violation of the Rules, PC Sportscards will have the right to immediately and permanently terminate your user account or access to the Site, with or without notice to you, prior or otherwise. In the event that PC Sportscards, in its sole discretion, determines that your first violation is particularly offensive, PC Sportscards will have the right to immediately and permanently terminate your user account or access to the Site, with or without notice to you, prior or otherwise. Any user may report abuse of the Rules by sending an email to customerservice@pcsportscards.com. User Registration and Acceptance of Rules. In order to access some features of the Site, you may be required to create or register for a user account. In consideration for your use of the Site, you agree to: (1) comply with the Rules; (2) provide accurate, complete and true information about yourself as may be required on any registration form for the Site (your “Registration Information”) in order to create your user account; and (3) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information, may, at PC Sportscards’s sole discretion, have their user accounts suspended or terminated, and may be permanently banned from using any current or future features or services of the Site. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. If you open an account or obtain services from outside the United States, you (i) do so at your own risk and are responsible for complying with the laws and regulations of your territory of residence in connection with the submission and (ii) understand this Agreement and your use of the Site are governed by the laws as set forth in this Agreement.
7.2. Account Security. You are solely responsible maintaining the confidentiality of your username and password and related account information. We urge you not to share your login information with others, as this may lead to unauthorized access to your user account and the information therein. You agree that you will: (1) immediately notify PC Sportscards of any unauthorized use of your user account; and (2) ensure that you properly log out of the Site at the completion of your use session. You are solely responsible for the activity that occurs on or through your user account. PC Sportscards shall have no liability for any loss or damage arising from your use of a user account, the Site, or your failure to comply with these requirements. PC Sportscards will not be liable for any losses caused by any unauthorized use of your user account, and you may be liable for the losses of PC Sportscards or others due to such unauthorized use. Accounts are personal and non-transferablel. There cannot be joint owners of an account and only the individual authorized under the account may request or obtain services under that account. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Agreement. Such account is owned and controlled by the business entity. We reserve the right to limit or modify account registration at any time and to accept or refuse registration at our discretion. You may not have more than one (1) account at a time. If you open additional accounts, we will merge the accounts and any related debts.
7.3. The following non-inclusive list of violations may result in the termination or suspension of your user account and/or your access to the Site. You agree not to engage in any of the following on the Site:
7.3.1. Use of our Site if you are not able to form legally binding contracts (for example, if you are under 18 years of age) or have been suspended from using the Site, or a person with whom transactions are prohibited under trade sanctions;
7.3.2. Manipulate the price of any item or interfere with an auction (including but not limited to, shill bidding);
7.3.3. Use any means to copy, redistribute, reproduce, rip, record, transfer, perform, or otherwise make available any IPR accessed through the Site;
7.3.4. Reverse engineering, decompiling, disassembling, modifying, or creating any derivative works of the Site, except to the extent permitted by applicable law;
7.3.5. Providing your password to any other person or using any other person’s username and password;
7.3.6. Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;
7.3.7. Use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
7.3.8. Impersonate or misrepresent your affiliation with any person, or institution; or
7.3.9. Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site; or
7.3.10. Sell products that are trimmed or altered in any way.
7.3.11. Sell products that are stolen or illegally obtained.
7.3.12.
8. RIGHTS YOU GRANT PC SPORTSCARDS. In consideration for the rights granted to you under these Terms, you grant PC Sportscards the right to allow the Site to use the processor, bandwidth, and storage hardware on your device, as necessary to run the Site. If you provide feedback, ideas, comments or suggestions in connection with the Site (“Feedback”) you acknowledge that such Feedback is not confidential and that PC Sportscards may use such Feedback without any restriction and without payment to you.
9. ELECTRONIC COMMUNICATIONS.
9.1. Express Consent: When you create an account with PC Sportscards and provide you email address and/or mobile phone number and/or when you communicate with us electronically, such as via email or through the Service, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY AND/OR VIA TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS TO YOUR PHONE FROM US AND OUR AFFILIATES. These communications may include notices about your account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), advertisements, and your relationship with us. You represent that you are the account holder for the mobile telephone number(s) that you provide. If you change your mobile telephone number(s), you will notify us immediately by updating your number in your account. Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to you electronically and/or in this Agreement satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
9.2. Messages You May Receive From Us And Opting Out. PC Sportscards and our service providers may use automated or manual means to deliver text messages to you if you have a U.S. phone number. You may opt out of these communications at any time. You may opt out of promotional communications at any time by replying STOP to any text message or updating your preferences in your account settings. .If you do not have a mobile telephone service rate plan with unlimited text messaging, text message and data rates may apply to each text message you send or receive. Please contact your mobile telephone carrier regarding applicable charges including any applicable roaming charges. We do not impose a separate fee for sending our text messages.
10. SERVICE LIMITATIONS. PC Sportscards will make commercially reasonable efforts to keep the Site operational but certain technical difficulties, required maintenance, testing, and updates may, from time to time, results in temporary interruptions. PC Sportscards reserves the right to modify, discontinue (either temporarily or permanently) any function or feature of the Site, or the Site in its entirety. PC Sportscards will always try to give you advance notice of such interruptions, but shall have no liability for any interruptions in service.
11. THIRD PARTY WEBSITES. Some of the information on the Site may be proprietary to Third Party Providers and licensed to PC Sportscards. The Site may furthermore frame, and/or contain links to or advertisements about, non-PC Sportscards websites (the “Linked Sites”). The Linked Sites may also reference, advertise, or link to the Sites. Notwithstanding the foregoing, PC Sportscards does not itself endorse or sponsor the Linked Sites and is not responsible for the content of such sites. PC Sportscards expressly disclaims any statements or assertions made on all non-PC Sportscards websites, and denies all liability associated with your use of any Linked Site or its content. You are responsible for reviewing and abiding by the privacy statements and terms of use posted on such other websites. Your interactions with third parties (including, without limitation, advertisers) on the Linked Sites and your transactions, and any terms, conditions, warranties or representations associated with such transactions on the Linked Sites, are solely between you and the advertiser or other third party. Third party trademarks, trade names, product names and logos are the trademarks or registered trademarks of their respective owners.
12. TERMINATION. You understand and agree that PC Sportscards may, in its sole discretion and at any time suspend, or terminate your use of the Site for any reason. PC Sportscards may also, in its sole discretion and at any time, discontinue the Site, in whole or in part, or limit or restrict any access thereto, for any reason. You understand and agree that PC Sportscards may take any one or more of these actions without any notice to you, prior or otherwise. You understand and agree that PC Sportscards shall not have any liability to you or any other person for any termination of your access to the Site and/or the removal of information concerning your actions on the Site.
13. INDEMNIFICATION. You agree to indemnify and hold PC Sportscards harmless for any and all disputes, claims, damages, losses, and causes of action (including without limitation attorney’s fees) arising from these Terms, your use of this Site, or your violation or claimed violation of any law or rights of a third party, or any other breach or claimed breach of the Terms.
14. DISCLAIMER. YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PC SPORTSCARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. PC SPORTSCARDS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE DOES NOT VIOLATE ANY IPR OF ANY PERSON. PC SPORTSCARDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PC SPORTSCARDS) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PC SPORTSCARDS AND ITS AFFILIATED ENTITIES SHALL CREATE A WARRANTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL PC SPORTSCARDS AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, PC SPORTSCARDS EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INDIRECT, OR INCIDENTAL LOSSES ARISING FROM AUCTION RESULTS, GRADING OPINIONS, OR THE SUBJECTIVE VALUATION OF HOBBYIST OR COLLECTIBLE ITEMS. WHILE PC SPORTSCARDS TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, PC SPORTSCARDS AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF PC SPORTSCARDS AND ITS AFFILIATED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO PC SPORTSCARDS, IF ANY, FOR ACCESSING AND USING THIS SITE AND ITS GRADING AND AUCTION SERVICES.
16. INTERNATIONAL ACCESS. PC Sportscards makes no representation that the Site, the Content, and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use by certain individuals or in certain countries. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. COPYRIGHT NOTICE. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by PC Sportscards infringe your copyright (for example, materials posted by PC Sportscards), you (or your agent) may send PC Sportscards a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site is covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PC Sportscards to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by PC Sportscards against you, the DMCA permits you to send PC Sportscards a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Site should be sent to our Copyright Agent for Notice of claims of copyright infringement at: FILL IN
18. AUCTION and GRADING SPECIFIC TERMS.
18.1. Representations. By submitting items to PC Sportscards for grading or auction, you represent and warrant:
18.1.1. That you have legal ownership and full rights and authority to sell such items and that such items are unaltered and
18.1.2. That all statements you have made, including regarding the character, quantity, features, condition, authenticity, and history of the items(s) are accurate.
18.2. Third-Party Submissions. If any items are being submitted for a third party (for auction, grading, or otherwise), you represent and warrant that such third party has agreed and accepted this Agreement and that you have authority to accept this agreement on their behalf.
18.3. Auction and Grading Submissions.
18.3.1. By submitting your cards (the “Property”) for sale via auction you are asking PC Sportscards to sell them on a consignment basis (“Consignment”). You, not PC Sportcards, still own the Property (the “Consigned Property”), even after you deliver the Consigned Property to PC Sportscards. After PC Sportscards receives the Consigned Property from you, we will send you an email confirming the items of Consigned Property have been received. Once grading is complete, if applicable, the Consigned Property will then be processed and listed as available for sale on the third-party auction site. Please note that all list prices may be determined at PC Sportscards’ sole discretion.
18.3.2. Once item(s) have been submitted to PC Sportscards, we have the exclusive right to sell the item(s) or not to sell the items (in PC Sportscards’s sole discretion) with the goal of maximizing the sale price and maintaining our reputation for selling quality items. PC Sportscards makes no representations or guarantees about the success of any auction and cannot guarantee that your item(s) will be successfully sold at any price.
18.3.3. Subject to termination of this Agreement, the “Consignment Period” for each item of Consigned Property begins on the date an item is received for Consignment and ends 365 days thereafter. At any time during the Consignment Period, and subject to this provision, you may request in writing that PC Sportscards return your Consigned Property (a “Return Request”), so long as the Consigned Property has not already been sold and you do not owe PC Sportscards any money. Once PC Sportscards receives your Return Request, we will use commercially reasonable efforts to remove the Consigned Property from the third-party auction site before it is sold and return such Consigned Property to you (shipping is at your cost).
18.3.4. If a Consigned Property item has not been sold by the end of the Consignment Period, PC Sportscards may contact you and return the Consigned Property item to you (shipping is at your cost).
18.3.5. Title to Consigned Property. You will continue to own and have title to each item of Consigned Property until that item is sold or until the end of the Consignment Period. An item will be considered sold at the earlier of: (1) sale to a third-party which is not returned during the applicable return period; or (2) it is lost, stolen, damaged, or destroyed while in PC Sportscards’ possession.
18.3.6. After a successful auction PC Sportscards shall pay you within two (2) business days of your request for payment. Balance sheets are updated in real-time.
18.3.7. If an auction buyer returns an item your account will be debited the cost of the returned item. If an auction buyer returns an item because the condition was not correctly listed by you or other failure on your part, then you will also be debited the cost of the 3% return fee. If your account has a net balance of zero, then you will be expected to reimburse PC Sportscards within fifteen (15) days of notice. Late payments will accrue interest at 1.5% per month.
18.3.8. You hereby grant to PC Sportscards an assignment of and lien against your Property in the amount of any fees and other charges due and payable pursuant to these Terms for the applicable PC Sportscards’s Services. You hereby authorize PC Sportcards to file, at any time on or after the date such pricing totals and other charges become due, appropriate uniform commercial code financing statements in such jurisdictions and offices as PC Sportscards deems necessary in connection with the perfection of a security interest in the Property. If you do not pay all obligations due under these Terms, PC Sportscards may execute its security interest in your submitted item(s) by selling or otherwise disposing of such item(s) as permitted by applicable law, and applying any proceeds to the delinquent balance. Such security interest will be removed once all outstanding fees have been paid.
18.3.9. If there is a dispute between you and PC Sportscards relating to your Consigned Property, PC Sportscards will have no obligation to pay any commissions or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. PC Sportscards may withhold any commissions due to you (including any due for sold items of Consigned Property not subject to the dispute) and setoff such commissions in full or partial satisfaction of any amounts you owe to PC Sportscards.
18.3.10. You must not bid on your own items, such behavior will result in being barred from PC Sportscards’ services.
18.3.11. PC Sportscards sends cards provided by you to a third-party company (“Grading Company”). PC Sportscards will ensure that the Grading Company makes best efforts to grade items promptly, but cannot guarantee a specific time frame. Further, since a third-party does the actual grading, PC Sportcards will have no liability whatsoever to you for any and all damages, including, but not limited to, incidental or consequential damages, due to any failure to grade any items within any time frame.
18.3.12. PC Sportscards will not send items for grading which bear evidence of tampering and you agree not to knowingly submit any such items. You agree that in the event PC Sportscards (or the Grading Company) rejects any items for grading, PC Sportcards shall not refund the amount paid by you because the determination to reject an item requires a review. You represent and warrant that you have no knowledge and no reasonable basis to believe that any item submitted for grading has been altered in any way or is not authentic
18.3.13. Grading involves subjective judgment and requires the exercise of a professional opinion, which can change from time to time. Therefore, PC Sportscards makes no warranty or representation and shall have no liability whatsoever to you for the grade assigned to any item. The amount paid to PC Sportcards is non-refundable once the item is received by PC Sportscards.
19. Shipping, Storage, and Inspection.
19.1. All items must be mailed with adequate protection, including using painters tape on packages and bags. Items that are packed using excessing packing tape or shrink wrap may be damaged in opening and PC Sportscards shall have no liability for such damages.
19.2. If you choose not to include our packing form in your shipment, PC Sportscards has no accurate inventory and cannot be liable for any cards that are missing upon delivery.
19.3. PC Sportscards shall have no liability whatsoever to you, or any third party for whom you may be acting, (i) for any personal injury or (ii) any damage to any item, or otherwise, unless resulting directly from PC Sportscards’s gross negligence (including if an item arrives damaged), or (iii) for any damage to any item that PC Sportscards can reasonably demonstrate occurred while the item was not in the custody or control of PC Sportscards including, but not limited to, loss or damage to items while being shipped to PC Sportscards, while being shipped to the purchaser from an auction or to the Grading Company, or while being shipped by PC Sportscards to you.
19.4. PC Sportscards will exercise reasonable care in handling items submitted for auction and grading. However, if PC Sportscards determines that your item was lost or damaged while in PC Sportscards’ possession, you will be compensated based upon the fair market value of the item as determined by PC Sportscards standard procedures, which may include filing a claim with our insurance carrier. IN NO EVENT SHALL PC SPORTSCARD’S TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM. Such compensation shall be your exclusive remedy for any loss or damage.
19.5. You must inspect all items immediately upon receipt and PC Sportscards disclaims any liability for damage or discrepancies or errors, including but not limited to, errors in the description of the item, unless reported to PC Sportscards within five (5) days of your receipt of the item(s). You agrees to return any incorrectly described item to PC Sportscards upon request for correction and you agree to indemnify and hold PC Sportscards harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
19.6. Any items that have been stored at PC Sportscards for over thirty (30) days without being listed for sale will accrue a fee of $1 per item per month. If you are nonresponse for ninety (90) days or more, PC Sportscards may being legal proceedings to properly dispose of your property in compliance with Section 18.3.8.
20. NOTICE FOR CALIFORNIA USERS: This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. OTHER.
21.1. Certification. You certify that you are at least 16 years of age and that your answers to the registration materials on the Site will be truthful. In accessing and using the Site, you understand and agree that basic information concerning you, given to the Site, may be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided in our Privacy Policy.
21.2. Governing Law. Your use of this Site constitutes your consent and submission to service of process under applicable United States law and your submission to the exclusive jurisdiction and venue of the state and federal courts located in the State of New York in New York county, for the purposes of any legal action or claim pertaining to these Terms of Use, or arising from the use of the Site and you hereby waive any defenses such as lack of personal jurisdiction or forum non conveniens. These Terms of Use shall be construed and enforced in accordance with the law of the State of New York, and without regard to the choice of law principles thereof.
21.3. Arbitration. Except for the right of either party to seek an injunction or other equitable relief in any court of competent jurisdiction to maintain the status quo or prevent irreparable harm, the parties hereto agree to enter into good faith negotiations to resolve any dispute, claim or controversy at law or equity that arises out of or is related to use of the Site, or the contents of the Terms or the Privacy Policy (each, a “Claim”), for a period of thirty (30) days from the date the Claim arose. If such negotiation is unsuccessful, any Claim under this Agreement shall be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Such arbitration shall take place in New York, New York. Judgment upon an arbitration award may be entered in any court of competent jurisdiction. You may opt out of the arbitration and class action waiver provisions by sending written notice to customerservice@pcsportscards.com within 30 days of your acceptance of these Terms.
21.4. All Claims you bring against PC Sportscards must be resolved in accordance with this section. All Claims filed or brought contrary to this section shall be considered improperly filed. Should you file a Claim contrary to this section, PC Sportscards may recover reasonable attorney’s fees and costs, provided that PC Sportscards has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim within thirty (30) days of such notice.
21.5. Any Claims must be filed within one (1) year after such Claim arose regardless of any status or law to the contrary. In the event any such Claim is not filed within such one (1) year period, such Claim shall be barred.
21.6. Any failure to act by PC Sportscards with respect to a breach by you or others does not waive PC Sportscards’s right to act with respect to subsequent or similar breaches.
21.7. Notwithstanding anything to the contrary, PC Sportscards reserves the right to seek the remedy of specific performance of any term of these Terms, or a preliminary or permanent injunction against the violation of these Terms or in aid of the exercise of any power granted in these Terms, or any combination thereof.
21.8. Captions and Headings. All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning or content of these Terms.
21.9. Relationship. The relationship between the Parties is as set out in these Terms and no employment, joint venture, partnership or agency relationship shall be deemed to subsist between the Parties and neither shall have the power to bind the other, except as otherwise set forth herein.
21.10. Severability. If any of the provisions of the Terms are held illegal, inapplicable or non-executable by a court of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and remain enforceable and said ruling will not affect any other provision set forth in this the Terms and will not render such other provisions invalid, inapplicable or non-executable.
21.11. Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.
21.12. Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PC Sportscards as a result of these Terms or your use of the Site. These Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of any obligation on our part to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
21.13. Entire Agreement. These Terms set forth the entire understanding and agreement between you and PC Sportscards with respect to the subject matter of these Terms.
21.14. Last Modification. This Terms of Use was last modified on 20 AUG 2025.
Turn Your Cards Into Cash, Fast and Easy
Turn Your Cards Into Cash, Fast and Easy
Turn Your Cards Into Cash, Fast and Easy
PC Sportscards Started In The Summer Of 2016 At The National Sports Card Convention In Atlantic City.
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© Copyright 2025 - PC Sportscards All rights reserved.
When You Click On Links To Various Merchants On This Site And Make A Purchase, This Can Result In This Site Earning A Commission. Affiliate Programs And Affiliations Include, But Are Not Limited To, The Ebay Partner Network
PC Sportscards Started In The Summer Of 2016 At The National Sports Card Convention In Atlantic City.
RESOURCES
CONTACT
© Copyright 2025 - PC Sportscards All rights reserved.
When You Click On Links To Various Merchants On This Site And Make A Purchase, This Can Result In This Site Earning A Commission. Affiliate Programs And Affiliations Include, But Are Not Limited To, The Ebay Partner Network
PC Sportscards Started In The Summer Of 2016 At The National Sports Card Convention In Atlantic City.
RESOURCES
CONTACT
© Copyright 2025 - PC Sportscards All rights reserved.
When You Click On Links To Various Merchants On This Site And Make A Purchase, This Can Result In This Site Earning A Commission. Affiliate Programs And Affiliations Include, But Are Not Limited To, The Ebay Partner Network