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Last modified: August 1, 2022
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AS DETAILED IN THE DISPUTE RESOLUTION AND BINDING ARBITRATION SECTION BELOW. PLEASE READ CAREFULLY.
The words “include,” “includes,” and “including” are not limiting and are deemed to be followed by the words “without limitation”; the word “or” is not exclusive; words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and words denoting any gender include all genders.
“Content” means, collectively, all content, information and material made available by USPC or our Suppliers on or through the Services, including, without limitation, text, photos, images, graphics, designs, artwork, emojis, avatars, characters (whether or not animated), animations, music, audios, videos, games, and software applications, whether or not downloadable, as well as all layout design and look and feel elements of the Services. However, Content does not include User Material.
“Suppliers” means all of the following: (i) third parties that have licensed their intellectual property or other proprietary rights to USPC for use in connection with the Services; (ii) our business partners; and (iii) third parties that provide software, data, or other information technology products, services, or support to USPC in connection with the operation of the Services.
By signing up for the Services, you consent to receiving electronic communications from us that are related to your use of the Services. These electronic communications may include emails and, if applicable, notifications posted to your account on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email or posting to your account satisfy any legal requirement that the same be in writing.
By registering an account on the Services, you represent and warrant that all account information you submit is your own information and is truthful and accurate. You understand and agree that we may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to keep your account information accurate and current. As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately in the event your account login is lost, stolen, or used by another without your permission. You are responsible for all activities on your account, including those of any other user you allow to access your account, and any misconduct by you or any such user may result in immediate suspension or termination of your account in our sole discretion.
You agree that your order is an offer to buy, under these Terms, all products, subscriptions, or services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products, Subscriptions (as defined below), or services to you. Acceptance of your order will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by contacting us at firstname.lastname@example.org. We reserve the right to limit the quantity of products sold to you.
All prices are subject to change without notice. Unless otherwise indicated on the Website, prices for products and services do not include VAT, other taxes, delivery, export, or other charges. We are not responsible for pricing, typographical or other errors in any offer by us. We reserve the right to, at any time prior to fulfillment, cancel any orders arising from such errors, for any other reason, or for no reason. All prices displayed on this Website apply only to the products, Subscriptions, or Services available on the Website and may not reflect the prices of such products, Subscriptions, or similar items, available through retail stores, catalogs, other online marketplaces, or otherwise.
Returns and Refunds. Except for any other products designated on the Website as non-returnable or non-refundable or as otherwise set forth herein, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 15 days of delivery and provided such products are returned in their original condition. As described below, Subscriptions are sold on a non-refundable basis. To request a product return, you must e-mail our Customer Service Department at email@example.com. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds, when allowable, are processed within approximately fourteen (14) days after we receive your product return. Your refund will be credited back to the same payment method used to make the original purchase on the Website.
Subscriptions. USPC may, from time to time, offer different types of subscription plans (“Subscriptions”) and the specific pricing terms applicable may vary depending on promotions, the type of subscription, and the term you select at the time of purchase (e.g., monthly, yearly). If you purchase a Subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annual) until cancelled. If you purchase a Subscription, you will be charged your first subscription fee and any applicable taxes on the date you purchase your Subscription.
Renewals. Your Subscription will automatically continue at the selected interval, and you will continue to be charged at the then-current price (including any applicable taxes), unless at least 24 hours prior to the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription (as described below); (c) we decline to renew your subscription; or (d) these Sale Terms are otherwise properly terminated as expressly permitted herein. The subscription fee is non-refundable except as expressly set forth in these Sale Terms or in accordance with applicable law. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your access to the Service or cancel your Subscription. You will be responsible for paying all past due amounts.
Promotional Rates. If you signed up with a promotion, your renewal rate may be higher than your initial rate as agreed upon when you made the purchase. You will be charged the promotional rate for the relevant number of billing periods and upon completion of that period, your Subscription will continue to automatically renew at the full rate.
Payment Information. When you purchase a Subscription, you must provide accurate and complete information for a valid payment method that you are authorized to use - this information may be collected and processed by a third-party app store or platform.
Cancellation. When you cancel a Subscription, you cancel only future charges associated with your Subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current subscription period. In order to avoid future charges, you must cancel your Subscription at least 24 hours prior to the end of your current subscription period. Subscriptions purchased through a third-party app store or platform must be cancelled through that third party.
No Refunds. EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE and if you cancel your Subscription, you will not receive any refund and you will continue to have access to your Subscription benefits and services at least until the end of your current subscription period. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future.
Termination. We may terminate your Subscription at our sole discretion and without any notice. If we cancel your Subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your Subscription because we determine, in our sole discretion, that your actions or your use of the Service violate these Sale Terms, any applicable law, or has harmed another user.
Changes. We may change the subscription terms or fees at any time on a going forward basis in our discretion. If the pricing for your Subscription increases, we will notify you, and provide you an opportunity to change your Subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a Subscription. Your continued use of the Service after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your Subscription. If you accept the new Subscription, its terms and conditions will apply for that renewal and all renewals going forward.
You must adhere to the following guidelines when interacting with other users on the Services (including when communicating with other users via any text or audio chat functions that may be available on the Services):
Please treat others with courtesy and respect.
Please do not use foul language, profanity, obscenity, or make threatening, harassing, or discriminatory remarks toward others.
Bullying, trolling, spamming, phishing, impersonation, and other abusive behaviors are strictly prohibited.
If you violate the foregoing guidelines, we may immediately suspend or terminate your account in our sole discretion.
Please exercise utmost discretion and caution if you choose to reveal personal information that identifies you or another person in text or audio communications with other users. Personal information revealed may be used by others in a way that is offensive or harmful to you or another person, or in a way that violates your or another person’s rights. If you choose to reveal personal information to another user, you do so of your own volition and at your own risk, and you acknowledge and agree that USPC and our Suppliers will not be responsible or liable for other users’ use or misuse of information revealed by you, and you waive any and all claims against USPC or our Suppliers based upon or by reason of other users’ use or misuse of information revealed by you.
The Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain Content on the Services.
Send e-mails or other communications with certain Content, or links to certain Content, on the Services.
Cause limited portions of Content on the Services to be displayed or appear to be displayed on your own website or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Services or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Services other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
Certain features of the Services may provide users with the ability to upload, post, display, transmit or distribute User Material. By using such features, you acknowledge and agree as follows:
You warrant that your User Material does not violate any third party’s rights.
You grant to USPC and our Suppliers an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable and transferable license to make your User Material available to others on or through the Services.
We and our Suppliers reserve the right to retain copies of your User Material for internal backup/archival purposes, or as may be required by applicable law.
We and our Suppliers are not responsible or liable for others’ retention, use or misuse of any User Material that you have made available to others on or through the Services.
You are solely responsible for backing up your User Material, and we and our Suppliers are not responsible for any loss or corruption of your User Material.
All User Material is subject to our Copyright Infringement Policy as set out below.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Services infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.
Our designated copyright agent to receive DMCA notices is:
Legal Department The United States Playing Card Company 300 Gap Way Erlanger, KY 41018 firstname.lastname@example.org
Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Our Suppliers’ Intellectual Property: Intellectual property licensed from or otherwise made available by our Suppliers remains the property of our Suppliers including, for example, music, sound-recordings, videos, artwork, graphics, designs, photographs, names, likenesses, trademarks, taglines, trade dress, logos, and other brand identifications of our licensor Suppliers, of our business partner Suppliers, and of third-party sponsors and advertisers. Any unauthorized use of our Suppliers’ trademarks, copyrights, or other intellectual property rights is strictly prohibited and may give rise to civil or criminal liabilities. Unless expressly otherwise permitted by our Suppliers, you must not sell, offer to sell, distribute, transfer, license, transmit, or otherwise disseminate any of our Suppliers’ intellectual property or any duplicate or derivative work thereof, to others.
If you submit ideas, suggestions, comments, or other feedback concerning the Services or Content (whether solicited or unsolicited) (“Feedback”) to USPC or its Suppliers, you understand and agree that: (i) USPC and our affiliates and Suppliers, including our and their successors and assigns, will be free to copy and use your Feedback for any and all commercial and noncommercial purposes (including, without limitation, for marketing, advertising, promotion, and product/service development); (ii) your Feedback submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality; (iii) your Feedback submission does not give rise to any contractual, fiduciary or confidential relationship of any kind (whether express or implied) between you and USPC or our Suppliers; and (iv) your Feedback submission may be used and retained indefinitely by USPC and our affiliates and Suppliers, including our and their successors and assigns.
You must not:
use the Services or Content other than for your own lawful personal and noncommercial use only;
use the Services or Content for fraudulent, impersonation, harassment, bullying, or other malicious or unlawful purposes;
use the Services to upload, post, display, transmit or distribute User Material (x) that is unlawful, threatening, hateful, discriminatory, abusive, pornographic, obscene, defamatory, fraudulent, or otherwise objectionable or offensive, or (y) that contains virus, spyware, malware, or other harmful code or material, or (z) that you do not have a legal right or valid authorization to disseminate;
use the Services or Content to harm or exploit a minor;
disrupt or interfere in any way with the operation of the Services or any server, network or system associated therewith, or another’s use of the Services;
modify or otherwise make derivative works from, or decompile, disassemble or otherwise reverse engineer, any software or other technology component of the Services or any Content;
disable, remove, breach, or circumvent any content protection or access control mechanisms (including geo-blocking mechanisms) associated with the Services or any Content;
access another’s account or a password-protected area on the Services without proper authorization;
use any robot, spider, or other automatic device, process, or means to access the Services or Content for any purpose, including for monitoring or mining of data from the Services;
use the Services or Content in any way that infringes upon, violates, or misappropriates the intellectual property or other proprietary rights of USPC or any of our affiliates or Suppliers; or
The Services include content provided by third parties, including materials provided by our licensor Suppliers. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by USPC, are solely the opinions and the responsibility of the person or entity providing those materials. Third-party materials do not necessarily reflect the opinion of USPC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
By registering for the Services, you consent to receive communications from us, which may include calls and text messages to the cellular telephone number you provide to us. For example, we may text you with transactional alerts about your account. You may also sign up to receive marketing or promotional calls and text messages. Any text messages we send to you will be subject to our SMS Terms & Conditions. You may opt-out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services.
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT: (i) THE SERVICES AND ALL CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECT OR ERROR ON THE SERVICES OR IN ANY CONTENT WILL BE CORRECTED; OR (iii) THE SERVICES AND ALL CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME LOCATIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL USPC OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OR LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE SERVICES OR ANY CONTENT OR YOUR USE THEREOF, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF USPC OR ANY OF OUR AFFILIATES OR SUPPLIERS, AND ANY PERSON ASSOCIATED WITH ANY OF THEM, TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO USPC IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO OUR DECISION TO ENTER INTO THE AGREEMENT WITH YOU.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE DISCLAIMERS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
FOR ALL USERS WHO RESIDE IN THE EEA OR THE UNITED KINGDOM WHO HAVE USED THE SERVICES IN THE EEA OR UK.
We will only be liable in accordance with the statutory provisions for any damage caused intentionally or by gross negligence of our representatives or us. Our liability for slight negligence shall be limited to the amount of the foreseeable damages typical for this type of contract and shall only apply in case of a breach of a material contractual obligation. Material contractual obligations shall be obligations the fulfillment of which forms the basis for the proper performance of the agreement and on which you may rely on a general basis.
These limitations of liability shall not apply to the extent any guarantees have been given by us, in the event of culpably caused damage to a person's life, body or health or to claims under the Product Liability Act.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. THIS LIMITED WARRANTY DOES NOT APPLY TO SUBSCRIPTIONS OR DIGITAL PRODUCTS.
WE WARRANT THAT, DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. THIS WARRANTY DOES NOT APPLY TO SUBSCRIPTIONS.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, LICENSORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the product.
What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in Products purchased from the Website.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
failure to follow the product instructions or to perform any preventive maintenance;
combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by USPC;
normal wear and tear; or
external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for the period noted in the warranty language contained in each individual product’s packaging or, if no such period is stated, for a period of ninety (90) days (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
How Do You Obtain Warranty Service?
To obtain warranty service, you must e-mail us at email@example.com during the Warranty Period. We reserve the right to reject warranty claims that we receive after the Warranty Period.
What can you do in case of a dispute with us?
The dispute resolution procedure detailed below is available to you if you believe that we have not performed our obligations under this limited warranty or these Sale Terms.
You agree to release and forever discharge (to the fullest extent permitted by applicable law) USPC and our affiliates and Suppliers, including our and their successors and assigns, from any and all claims, actions, causes of action, liabilities, damages, costs and expenses (including, without limitation, those for bodily injury and emotional distress) arising out of or related to: (i) your use of the Services or any Content; or (ii) User Material (whether yours or others).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH SECTION STATES: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND USPC AND OUR AFFILIATES AND SUPPLIERS, INCLUDING OUR AND THEIR SUCCESSORS AND ASSIGNS, ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. FOR RESIDENTS OF THE EUROPEAN UNION OR UNITED KINGDOM OR CANADA WHO USED THE SERVICES IN THE EU, UK, OR CANADA, PLEASE ALSO REFER TO THE SECTIONS BELOW, AS APPLICABLE.
a. Initial Dispute Resolution
We are available to address any concerns you may have regarding the Services. We can resolve most concerns quickly to our users’ satisfaction. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration. To adequately engage in initial dispute resolution, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed (the “Dispute Notification”). The Dispute Notification must be sent, as applicable, to (a) the User’s email address on file with USPC, or (b) USPC at 300 Gap Way, Erlanger, KY 41018, Attn: Legal Department. The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other party then has 15 days to reply to the response.
b. Binding Arbitration
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for the parties. You and we agree to submit to the personal jurisdiction of any federal or state court in New Castle County, Delaware in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
d. Class Action Waiver
You and we agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PERSONS OR ENTITIES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's or entity’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
e. Exception - Litigation of Intellectual Property and Small Claims Court Claims
The foregoing provisions of this Section will not apply to any legal action taken by USPC to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to its intellectual property rights, its products, or its services. You agree that such claims may be brought in the state or federal courts located in New Castle County, Delaware, and you waive any objection to jurisdiction and venue in such courts. Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
f. 30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: firstname.lastname@example.org. The notice must be sent within 30 days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, USPC also will not be bound by them.
g. Changes to this Section.
USPC will provide 30 days’ notice of any changes affecting the substance of this Section. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which USPC does not have actual notice are subject to the revised clause.
h. Statute of Limitations.
ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
In addition, in accordance with European law, you are informed that the European Commission's online dispute review platform is also available, which is accessible on the following link: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
Except where prohibited by applicable law, a dispute be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator.
All disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each Party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the dispute without recourse to the courts.
If you use the Services on a mobile device, or if you send or receive electronic communications to or from us on a mobile device, your wireless carrier may impose data or other charges, and you understand and agree that you will be solely responsible for any and all such charges from your wireless carrier.
You agree not to export, re-export, or transfer, directly or indirectly, the Services, or any U.S. technical data acquired from the Services, or any products utilizing such data, in violation of applicable export laws or regulations. You represent and warrant that you are buying products or subscriptions from the Website for your own personal or household use only, and not primarily for resale or export. By accessing the Services, you represent and warrant that: (i) you are not located in, and you are not a national or resident of, Burma (Myanmar), Cuba, Iran, North Korea, Sudan, or Syria; (ii) you are not located in, and you are not a national or resident of, a country that is subject to a (United States) embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any (United States) government list of prohibited or restricted parties. You are not allowed to use the Services if we identify your IP address or address of residence or use of the Services as originating from any such country or if we have reason to believe that you are listed on any United States government list of prohibited or restricted parties.
All notices of copyright infringement claims should be sent to the copyright agent designated above in the section entitled “Copyright Infringement Policy” in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:
The United States Playing Card Company Attn: Customer Service 300 Gap Way Erlanger, Kentucky 41018 U.S.A.