Collegiate Black | Sweatpants
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Visit Cool Kicks: 7565 Melrose Ave Los Angeles, CA - (COOL KICKS LA)
7718 Melrose Ave, Los Angeles, CA 90046 - (THE COOL)
6701-U Loisdale Road, Springfield, Virginia - (COOL KICKS VA)
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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
you visit and use the Site, and to demonstrate our commitment to fair information practices and
websites that you may be able to access from the Site, each of which may have data collection,
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
(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.
Page 2 of 11
(b) SHARING OF PERSONAL INFORMATION. We share certain categories of information
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
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:
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
3. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. Except as
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
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.
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.
Page 4 of 11
[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
• 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.
categories listed in
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
Some personal information included in this category may
overlap with other categories.
under California or
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).
Records of personal property, products or services
purchased, obtained, or considered, or other purchasing or
consuming histories or tendencies.
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.
F. Internet or other
Browsing history, search history, information on a
consumer’s interaction with a website, application, or
G. Geolocation Physical location or movements. NO
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H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar
I. Professional or
Current or past job history or performance evaluations. NO
and Privacy Act
(20 U.S.C. Section
1232g, 34 C.F.R.
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
drawn from other
Profile reflecting a person’s preferences, characteristics,
psychological trends, predispositions, behavior, attitudes,
intelligence, abilities, and aptitudes.
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
• 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
• 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
• 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
• As described to you when collecting your personal information or as otherwise set forth in
• 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
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
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
• If we sold or disclosed your personal information for a business purpose, two separate lists
• sales, identifying the personal information categories that each category of recipient
• 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
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity,
or prosecute those responsible for such activities.
Page 9 of 11
• 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:
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
• 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
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:
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.
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.
If you have any questions or comments about this notice, the ways in which the Company
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-
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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
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
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
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
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)
Page 3 of 8
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
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
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
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
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
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.
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.
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.
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.