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PROPR

Heart | Tee

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$30.00

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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)

    Heart | Tee
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    CONTACT US

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    Privacy Policy

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    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.

     

    Page 2 of 11

     

    (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

     

    Page 3 of 11

     

    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.

     

    Page 4 of 11

    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.

     

    Page 5 of 11

     

    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

     

    Page 6 of 11

     

    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.

     

    Page 7 of 11

     

    • 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.

     

    Page 8 of 11

    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.

     

    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:

    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.

     

    Page 10 of 11

     

    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.

     

    Page 11 of 11

     

    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-

    Terms of Use

    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

     

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

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

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

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

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

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

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

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

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

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

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

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

    to, Paypal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    was involved.

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

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

    preparation and performance this Agreement are regarded as confidential information

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

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

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

     

    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

    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

     

    Page 4 of 8

     

    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

     

    Page 5 of 8

     

    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

     

    Page 6 of 8

     

    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.

     

    Page 7 of 8

     

    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

     

    Page 8 of 8

     

    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.