Airbrushed Cool Kicks | Tee

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Use collapsible tabs for more detailed information that will help customers make a purchasing decision.

Ex: Shipping and return policies, size guides, and other common questions.

PRIVACY POLICY

 

1. INTRODUCTION. MelroseSportsCard, LLC (“us,” “we,” or “Company”) is committed to

respecting the privacy rights of its customers, visitors, and other users of the Company Website

and App (“Site”). We created this Privacy Policy (“Privacy Policy”) to give you confidence as

you visit and use the Site, and to demonstrate our commitment to fair information practices and

the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other

websites that you may be able to access from the Site, each of which may have data collection,

storage, and use practices and policies that differ materially from this Privacy Policy.

2. INFORMATION COLLECTION PRACTICES

2.1. TYPES OF INFORMATION COLLECTED

(a) TRAFFIC DATA COLLECTED. We may automatically track and collect the following

categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types

of computers accessing the Site; (4) types of web browsers used to access the Site , and (5)

location information and vehicle position (collectively “Traffic Data”). Traffic Data is

anonymous information that does not personally identify you but is helpful for marketing

purposes or for improving your experience on the Site. We also use “cookies” to customize

content specific to your interests, to ensure that you do not see the same advertisement

repeatedly, and to store your password so you do not have to re-enter it each time you visit the

Site.

(b) PERSONAL INFORMATION COLLECTED. In order for you to access certain services

and to purchase services or products that we offer via the Site, we require you to provide us with

certain information that personally identifies you (“Personal Information”). Personal Information

includes the following categories of information: (1) Contact Data (such as your name, phone

number, mailing address, and e-mail address); (2) Financial Data (such as your account or credit

card number when submitting payment information); and (3) Demographic Data (such as your

zip code and age). If you communicate with us by e-mail or otherwise complete online forms,

contact customer service or technical support, complete surveys, or participate in contest entries,

submit a resume or application, provide communication preferences, and other data, any

information provided in such communication may be collected as Personal Information.

2.2. USES OF INFORMATION COLLECTED

(a) COMPANY USE OF INFORMATION. We may use Contact Data to send you

information about our company or our products or services, or promotional material from some

of our partners, or to contact you when necessary. We may use your Financial Data to verify

your qualifications for certain products or services and to bill you for products and services. We

may use your Demographic Data to customize and tailor your experience on the Site, displaying

content that we think you might be interested in and according to your preferences.

 

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(b) SHARING OF PERSONAL INFORMATION. We share certain categories of information

we collect from you in the ways described in this Privacy Policy. We may share Demographic

Data with advertisers and other third parties; if required by law, we will obtain your prior

consent. In such cases, you may any any time withdraw your consent or notify us to stop sharing

your Personal Information via our opt-out process in our contact-us form. We share Contact Data

with other companies who may want to send you information about their products or services,

unless you have specifically requested that we not share Contact Data with such companies.

We also share Contact Data and Financial Data with our business partners who assist us by

performing core services (such as hosting, billing, fulfillment, or data storage and security)

related to our operation of the Site. Those business partners have all agreed to uphold the same

standards of security and confidentiality that we have promised to you in this Privacy Policy, and

they will only use your Contact Data and other Personal Information to carry out their specific

business obligations to Company.

We may share Contact Data in the aggregate or after it is anonymized about the user and its

use of the services with third parties for research, analytics, marketing or other intents, as long as

such information does not identify a certain individual. If you do not want us to share your

Contact Data with any third parties, please email us using the Contact Us Page here:

https://

melrosesportscard/pages/contact-us., but please understand that such a request will likely

limit your ability to take advantage of all of the features and services we offer on the Site. In

addition, we maintain a procedure for you to review and request changes to your Personal

Information; this procedure is described in Section 3.1, below.

(c) USER CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF

PERSONAL INFORMATION. If you choose not to provide us with any Personal Information,

you can still access and use the Site; however you will not be able to access and use those

portions of the Site that require your Personal Information. If you do not wish to receive

information and promotional material from us or from some of our partners, you may select the

appropriate “opt-out” option each time we ask you for Personal Information. You may update

your selection at any time by contacting our Customer Service by using the Contact Us Page

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

3. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. Except as

otherwise provided in this Privacy Policy, we will keep your Personal Information private and

will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court

order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of

Service. Your Personal Information is stored on secure servers that are not accessible by third

parties. We provide you with the capability to transmit your Personal Information via secured

and encrypted channels if you use a similarly equipped web browser. Please protect your

Personal Information including your password or account from others and do not share it. We

are not responsible for any compromised passwords or activity on the account as the aftermath of

unauthorized password activity. We retain your information only as long as required to

accomplish the reason for its collection unless legally required otherwise.

3.1. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL

INFORMATION. We maintain a procedure in order to help you confirm that your Personal

 

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Information remains correct and up-to-date. At any time, you may visit your personal profile at

https://melrsosesportscard.com. Through your personal profile you may: (a) review and update your

Personal Information that we have already collected; (b) choose whether you wish us to send you

information about our company, or promotional material from some of our partners; and/or (c)

choose whether you wish for us to share your Personal Information with third parties.

3.2. LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card,

user name, or password is lost, stolen, or used without permission. In such an event, we will

remove that credit card number, user name, or password from your account and update our

records accordingly.

3.3. PUBLIC INFORMATION. The Site contains links to other websites. We are not

responsible for the privacy practices or the content of such websites. We may also make chat

rooms, forums, message boards, and news groups available to you. Please understand that any

information that is disclosed in these areas becomes public information. We have no control over

its use and you should exercise caution when deciding to disclose your Personal Information.

4. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time

and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting

such change, update, or modification on the Site and without any other notice to you. Any such

change, update, or modification will be effective immediately upon posting on the Site.

5. YOUR CALIFORNIA PRIVACY RIGHTS. Under California’s “Shine the Light” law as

codified in California Civil Code Section 1798.83, California residents who provide personal

information in obtaining products or services for personal, family, or household use are entitled

to request and obtain from us, once each calendar year, information about the customer

information we shared, if any, with other businesses for their own direct marketing uses. If

applicable, this information would include the categories of customer information and the names

and addresses of those businesses with which we shared customer information for the

immediately preceding calendar year. To obtain this information, please send an e-mail message

via our Contact-Us Page here: https://melrsosesportscard.com/pages/contact-us. with “Request for

California Privacy Information” in the subject line and in the body of your message. We will

provide in response the requested information to you at your e-mail address. Please be aware that

not all information sharing is covered by the “Shine the Light” requirements and only required

information will be included in our response.

6. CHILDREN UNDER THE AGE OF 16. Our Site is not intended for children under 16 years

of age. No one under age 16 may provide any personal information to or on the Site. We do not

knowingly collect personal information from children under 16. If you are under 16, do not use

or provide any information on this Site or through any of its features, register on the Site without

prior written parental consent, make any purchases through the Site, or provide any information

about yourself to us, including your name, address, telephone number, email address, or any

screen name or user name you may use. If we learn we have collected or received personal

information from a child under 16 without verification of parental consent, we will delete that

information. If you believe we might have any information from or about a child under 16,

please contact us using the Contact Us Page here: https://melrsosesportscard.com/pages/contact-us.

 

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PRIVACY NOTICE

 

[SUPPLEMENT FOR CALIFORNIA RESIDENTS]

 

Effective Date: November 27, 2019

Last Reviewed on: November 27, 2019

This Privacy Notice Supplement for California Residents (“Notice”) supplements the

information contained in Company’s Privacy Notice and applies solely to all visitors, users, and

others who reside in the State of California (”consumers” or “you”). We adopt this notice to

comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in

the CCPA have the same meaning when used in this Notice. This Notice does not apply to

employment-related personal information collected from California-based employees, job

applicants, contractors, or similar individuals. Where noted in this Notice, the CCPA temporarily

exempts personal information reflecting a written or verbal business-to-business communication

(”B2B personal information”) from some its requirements.

Information We Collect

 

Our Site collects information that identifies, relates to, describes, references, is reasonably

capable of being associated with, or could reasonably be linked, directly or indirectly, with a

particular consumer, household, or device (”personal information”). Personal information does

not include:

• Publicly available information from government records.

• De-identified or aggregated consumer information.

• Information excluded from the CCPA’s scope, like:

• health or medical information covered by the Health Insurance Portability and

Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical

Information Act (“CMIA”) or clinical trial data;

• personal information covered by certain sector-specific privacy laws, including the Fair

Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”) or California

Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994.

 

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In particular, our Site may have collected the following categories of personal information from

its consumers within the last twelve (12) months:

Category Examples Collected

A. Identifiers A real name, alias, postal address, unique personal identifier,

online identifier, Internet Protocol address, email address,

account name, Social Security number, driver’s license

number, passport number, or other similar identifiers.

 

YES

 

B. Personal

information

categories listed in

the California

Customer Records

statute (Cal. Civ.

Code § 1798.80(e))

 

A name, signature, Social Security number, physical

characteristics or description, address, telephone number,

passport number, driver’s license or state identification card

number, insurance policy number, education, employment,

employment history, bank account number, credit card

number, debit card number, or any other financial

information, medical information, or health insurance

information.

Some personal information included in this category may

overlap with other categories.

 

YES

 

C. Protected

classification

characteristics

under California or

federal law

 

Age (DOB) (40 years or older), race, color, ancestry, national

origin, citizenship, religion or creed, marital status, medical

condition, physical or mental disability, sex (including

gender, gender identity, gender expression, pregnancy or

childbirth and related medical conditions), sexual orientation,

veteran or military status, genetic information (including

familial genetic information).

 

YES

 

D. Commercial

Information

 

Records of personal property, products or services

purchased, obtained, or considered, or other purchasing or

consuming histories or tendencies.

 

YES

 

E. Biometric

information

 

Genetic, physiological, behavioral, and biological

characteristics, or activity patterns used to extract a template

or other identifier or identifying information, such as,

fingerprints, faceprints, and voiceprints, iris or retina scans,

keystroke, gait, or other physical patterns, and sleep, health,

or exercise data.

 

NO

 

F. Internet or other

similar network

activity.

 

Browsing history, search history, information on a

consumer’s interaction with a website, application, or

advertisement.

 

NO

 

G. Geolocation Physical location or movements. NO

 

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data.

H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar

 

information.

 

NO

 

I. Professional or

 

employment-

related

 

information.

 

Current or past job history or performance evaluations. NO

 

J. Non-public

education

information (per

the Family

Educational Rights

and Privacy Act

(20 U.S.C. Section

1232g, 34 C.F.R.

Part 99)).

 

Education records directly related to a student maintained by

an educational institution or party acting on its behalf, such

as grades, transcripts, class lists, student schedules, student

identification codes, student financial information, or student

disciplinary records.

 

NO

 

K. Inferences

drawn from other

personal

information.

 

Profile reflecting a person’s preferences, characteristics,

psychological trends, predispositions, behavior, attitudes,

intelligence, abilities, and aptitudes.

 

NO

 

Our Site obtains the categories of personal information listed above from the following

categories of sources:

• Directly from you. For example, from forms you complete or products and services you

purchase.

• Indirectly from you. For example, from third party payment sites like PayPal.

 

Use of Personal Information

 

We may use or disclose the personal information we collect for one or more of the following

purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your

name and contact information to request a price quote or ask a question about our products

or services, we will use that personal information to respond to your inquiry. If you provide

your personal information to purchase a product or service, we will use that information to

process your payment and facilitate delivery. We may also save your information to

facilitate new product orders or process returns.

 

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• To provide, support, personalize, and develop our Site, products, and services.

• To create, maintain, customize, and secure your account with us.

• To process your requests, purchases, transactions, and payments and prevent transactional

fraud.

• To provide you with support and to respond to your inquiries, including to investigate and

address your concerns and monitor and improve our responses.

• To personalize your Site experience and to deliver content and product and service offerings

relevant to your interests, including targeted offers and ads through our Site, third-party

sites, and via email or text message (with your consent, where required by law).

• To help maintain the safety, security, and integrity of our Site, products and services,

databases and other technology assets, and business.

• For testing, research, analysis, and product development, including to develop and improve

our Site, products, and services.

• To respond to law enforcement requests and as required by applicable law, court order, or

governmental regulations.

• As described to you when collecting your personal information or as otherwise set forth in

the CCPA.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or

other sale or transfer of some or all of our assets, whether as a going concern or as part of

bankruptcy, liquidation, or similar proceeding, in which personal information held by us

about our Site users/consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information

we collected for materially different, unrelated, or incompatible purposes without providing you

notice.

 

Sharing Personal Information

 

We may disclose your personal information to a third party for a business purpose. When we

disclose personal information for a business purpose, we enter a contract that describes the

purpose and requires the recipient to both keep that personal information confidential and not use

it for any purpose except performing the contract. The CCPA prohibits third parties who

purchase the personal information we hold from reselling it unless you have received explicit

notice and an opportunity to opt-out of further sales. In the preceding twelve (12) months,

Company has not disclosed personal information for a business purpose. In the preceding twelve

(12) months, Company has not sold personal information.

 

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Your Rights and Choices

 

The CCPA provides consumers (California residents) with specific rights regarding their

personal information. This section describes your CCPA rights and explains how to exercise

those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and

use of your personal information over the past 12 months. Once we receive and confirm your

verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.

• The categories of sources for the personal information we collected about you.

• Our business or commercial purpose for collecting or selling that personal information.

• The categories of third parties with whom we share that personal information.

• The specific pieces of personal information we collected about you (also called a data

portability request).

• If we sold or disclosed your personal information for a business purpose, two separate lists

disclosing:

• sales, identifying the personal information categories that each category of recipient

purchased; and

• disclosures for a business purpose, identifying the personal information categories that

each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected

from you and retained, subject to certain exceptions. Once we receive and confirm your

verifiable consumer request, we will delete (and direct our service providers to delete) your

personal information from our records, unless an exception applies. We may deny your deletion

request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good

or service that you requested, take actions reasonably anticipated within the context of our

ongoing business relationship with you, fulfill the terms of a written warranty or product

recall conducted in accordance with federal law, or otherwise perform our contract with

you.

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity,

or prosecute those responsible for such activities.

 

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• Debug products to identify and repair errors that impair existing intended functionality.

• Exercise free speech, ensure the right of another consumer to exercise their free speech

rights, or exercise another right provided for by law.

• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §

1546 et. seq.).

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public

interest that adheres to all other applicable ethics and privacy laws, when the information’s

deletion may likely render impossible or seriously impair the research’s achievement, if you

previously provided informed consent.

• Enable solely internal uses that are reasonably aligned with consumer expectations based on

your relationship with us.

• Comply with a legal obligation.

• Make other internal and lawful uses of that information that are compatible with the

context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a

verifiable consumer request to us by using the Contact Us Page here:

https://melrsosesportscard.com/pages/contact-us.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer

request related to your personal information. You may also make a verifiable consumer request

on behalf of your minor child. To designate an authorized agent, use the Contact Us Page here:

https://melrsosesportscard.com/pages/contact-us. You may only make a verifiable consumer request

for access or data portability twice within a 12-month period. The verifiable consumer request

must:

• Provide sufficient information that allows us to reasonably verify you are the person

about whom we collected personal information or an authorized representative, which

may include name and other verifiable information.

• Describe your request with sufficient detail that allows us to properly understand, evaluate,

and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify

your identity or authority to make the request and confirm the personal information relates to

you. Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the

requestor’s identity or authority to make the request.

 

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Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its

receipt. If we require more time (up to 90 days), we will inform you of the reason and extension

period in writing. If you have an account with us, we will deliver our written response to that

account. If you do not have an account with us, we will deliver our written response by mail or

electronically, at your option. Any disclosures we provide will only cover the 12-month period

preceding the verifiable consumer request’s receipt. The response we provide will also explain

the reasons we cannot comply with a request, if applicable. For data portability requests, we will

select a format to provide your personal information that is readily useable and should allow you

to transmit the information from one entity to another entity without hindrance. We do not

charge a fee to process or respond to your verifiable consumer request unless it is excessive,

repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell

you why we made that decision and provide you with a cost estimate before completing your

request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal

information at any time (the “right to opt-out”). We do not sell the personal information of

consumers we actually know are less than 16 years of age, unless we receive affirmative

authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16

years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who

opt-in to personal information sales may opt-out of future sales at any time. To exercise the right

to opt-out, you (or your authorized representative) may submit a request to us by visiting the

Contact Us Page here: https://melrsosesportscard.com/pages/contact-us with the title “Do Not Sell

My Personal Information”].

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to

reauthorize personal information sales. However, you may change your mind and opt back in to

personal information sales at any time using the Contact Us Page here:

https://melrsosesportscard.com/pages/contact-us

You do not need to create an account with us to exercise your opt-out rights. We will only use

personal information provided in an opt-out request to review and comply with the request.

 

Non-Discrimination

 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted

by the CCPA, we will not:

• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting

discounts or other benefits, or imposing penalties.

• Provide you a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different

level or quality of goods or services.

 

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However, we may offer you certain financial incentives permitted by the CCPA that can result

in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will

reasonably relate to your personal information’s value and contain written terms that describe the

program’s material aspects. Participation in a financial incentive program requires your prior opt

in consent, which you may revoke at any time.

 

Other California Privacy Rights

 

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that

are California residents to request certain information regarding our disclosure of personal

information to third parties for their direct marketing purposes. To make such a request, please

using the Contact Us Page here: https://melrsosesportscard.com/pages/contact-us.

Changes to Our Privacy Notice

 

We reserve the right to amend this privacy notice at our discretion and at any time. When we

make changes to this privacy notice, we will post the updated notice on the Site and update the

notice’s effective date. Your continued use of our Site following the posting of changes

constitutes your acceptance of such changes.

 

Contact Information

 

If you have any questions or comments about this notice, the ways in which the Company

collects and uses your information described below and in the Privacy Policy, your choices and

rights regarding such use, or wish to exercise your rights under California law, please do not

 

hesitate to contact us using the Contact Us Page here: https://melrsosesportscard.com/pages/contact-

Use collapsible tabs for more detailed information that will help customers make a purchasing decision.

Ex: Shipping and return policies, size guides, and other common questions.

Coolkicks CA, LLC

Terms of Service Agreement

 

1. User Acknowledgment and Acceptance of Agreement

 

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

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

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

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

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

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

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

in this Agreement.

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND

CONDITIONS FOR YOUR USE OF OUR SUBSCRIPTION-BASED SERVICE AND

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

 

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

PAYING MEMBERS WHO WILL GAIN ACCESS TO OUR APP UPON

 

REGISTRATION AND PAYMENT OF SUBSCRIPTION FEES. BY COMPLETING

THE SUBSCRIPTION REGISTRATION PROCESS VIA OUR APP AND USING THE

SERVICES, YOU ACKNOWLEDGE READING THIS AGREEMENT AND AGREE

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

BY THIS AGREEMENT, PLEASE DISCONTINUE THE USE OF THE SERVICES

AND EXIT THE APP. YOUR REMEDY FOR DISSATISFACTION WITH ANY

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

SERVICES AND OUR APP. YOUR AGREEMENT WITH US REGARDING

COMPLIANCE WITH THIS AGREEMENT BECOMES EFFECTIVE

IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ANY SERVICES

AND/OR APP.

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

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

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

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

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

acknowledgement and acceptance of the modified Agreement. You agree that

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

arbitration or waiver of class action rights.

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

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

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

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

 

Page 2 of 8

 

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

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

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

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

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

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

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

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

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

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

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

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

to, Paypal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

was involved.

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

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

preparation and performance this Agreement are regarded as confidential information

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

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

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

 

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

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

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

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

financial advisors regarding the transaction contemplated hereunder, provided that such

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

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

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

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

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

3. Limitation of Liability; Assumption of Risk; Indemnification

 

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

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

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

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

PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR

CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,

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

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

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

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

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

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

PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL

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

YOU.

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

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

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

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

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

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

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

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

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

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

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

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

damage to You and/or any third party.

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

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

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

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

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

Assumption of Risk. YOU ACKNOWLEDGE THAT PARTICIPATION IN THE

SERVICES ENTAILS BOTH KNOWN AND UNKNOWN RISKS THAT COULD

 

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

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

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

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

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

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

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

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

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

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

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

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

incident.

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

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

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

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

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

defenses.

 

4. Mandatory Arbitration and Waiver of Class Action

 

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

BINDING ARBITRATION. BY AGREEING TO ARBITRATION, EACH PARTY IS

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

HEARD BY A JUDGE OR JURY.

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

WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO WAIVE CLASS

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

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

PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE

PROCEEDING OR AS AN ASSOCIATION.

 

5. Disclaimer of Warranties; Third Parties Transactions

 

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

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE

WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE

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

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

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

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

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

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

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

THE APP MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR

TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND

 

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

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

MATERIALS.

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

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

RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE

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

THAT RESULTS FROM SUCH ACTIVITIES.

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

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

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

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

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

You.

THIRD PARTY TRANSACTIONS. WE MAKE NO WARRANTY REGARDING ANY

THIRD-PARTY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH

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

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

CLAIMS RESULTING FROM YOUR PARTICIPATION IN SUCH TRANSACTIONS.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,

SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE

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

NOT BY US OR ANY OTHER OF OUR AFFILIATES.

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

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

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

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

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

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

on or through the App.

 

6. Governing Law and Venue

 

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

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

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

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

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

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

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

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

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

California with respect to such matters.

 

7. Entire Agreement

 

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

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

 

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

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

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

written agreement signed by You and Us.

 

8. Refunds

 

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

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

subscription will result in forfeiture of Your payment.

9. Payment

 

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

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

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

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

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

 

10. Image and Likeness

 

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

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

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

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

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

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

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

 

11. Termination of Use

 

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

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

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

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

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

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

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

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

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

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

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

12. Intellectual Property

Copyright © 2019 MelroseSportsCard, LLC. All Rights Reserved.

 

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

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

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

and other original content.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

provided in the Digital Millennium Copyright Act.

13. Notices

 

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

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

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

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

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

shall constitute notice to You.

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

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

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

 

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

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

date if transmitted by confirmed e-mail.

 

14. Acceptance of Terms

 

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

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

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

class action provisions.