LAST UPDATED: May 2022
This Agreement, sometimes referred to as ‘Terms of Use’, comprises the terms governing your use of our websites and services where these Terms of Use appear or are linked (collectively ‘Website’). By continuing to use the Website, you accept and agree to the following terms and conditions, as may be revised from time to time:
1. ‘We’, ‘us’, and ‘our’ refer to Jackpot Sports Cards
2. You agree to use the Website in a manner consistent with these Terms of Use.
3. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.
4. We may terminate your access to and use of the Website at any time.
5. This Agreement incorporates the Privacy Policy set forth on this Website as the same may be modified from time to time.
6. You acknowledge that Jackpot Sports Cards or its licensors own and hold all intellectual property and proprietary rights, title and interest in the Website, and that your use of the same does not transfer any rights in the same to you. You agree:
- Not to copy, reproduce, distribute, publish, display, perform, modify, or create derivative works from the Website. You may only download material from this Website for your own use that is limited to occasional items of individual interest only. You may not remove or amend any trademark, copyright or other proprietary notice. Without limiting the generality of the foregoing, you may not distribute any part of this Website over any network, nor sell or offer it for sale. You may not copy, de-compile reverse-engineer, disassemble, modify, or create derivative works of the Website. Open Source software used in the Website is provided in accordance with the terms of the applicable Open Source Software license, and Jackpot Sports Cards and its licensors are not a party to the same. We reserve all rights that are not specifically granted to you.
- That you are expressly prohibited from presenting the Website in a setting created by you or a third party (e.g., through framing), particularly (but not exclusively) where that setting includes advertising or other materials that we have not expressly authorized to be displayed with the Website.
- That any of your questions, comments, or suggestions for improvements regarding the Website or the services that you email, post, or otherwise transmit to Us or submit to the Website (your “Communications”) will become the property of Jackpot Sports Cards. You hereby relinquish and assign to Jackpot Sports Cards the worldwide, royalty free, right and title to run, use, re-use, implement, copy, display, and create derivative works from, those Communications, including any ideas, concepts, know-how, or techniques contained in your Communications for any purpose.
7. All content and functionality displayed, provided, reproduced, or distributed by us on the Website are for information purposes only and are not intended as, and are not a substitute for advice.
8. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You should not disclose it to any other person or entity. To the extent applicable, you also acknowledge that your account is personal to you. You should not provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
9. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
10. As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
11. If you wish to purchase any product made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Jackpot Sports Cards the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
12. All descriptions, images, references, features, content, specifications, products, and prices of products described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Website does not imply or warrant that these products will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements if applicable) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Jackpot Sports Cards reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
13. You agree that by placing an order on the Website, you are entering into a binding contract with Jackpot Sports Cards and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
14. Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the billing address and the sales tax rate in effect at the time you purchase the product. We may charge tax only in states where the goods sold over the internet are taxable.
15. Important Kentucky sales tax information regarding the tax you may owe directly to the state of Kentucky. We are not required to and do not collect Kentucky sales or use tax. Your purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue’s Internet Web site.
16. Excluding any content that may be submitted by users of the Website from time to time, we strive to ensure that the information on the Website is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased from Jackpot Sports Cards and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Website will be available.
17. Where we provide or enable links to third party sites, we do so for information purposes only and we accept no liability for your use of the same.
18. We reserve the right to monitor all Communications and to remove any which we consider in our absolute discretion to be offensive, defamatory, or otherwise in breach of these Terms of Use. Notwithstanding the foregoing, you agree that we have no obligation to monitor Communications, including postings and reviews, by you or others.
19. You will be responsible for all charges and obligations incurred, and liabilities for harm caused, and for all actions taken, through your use of this Website and our services.
20. You agree to indemnify and hold harmless Jackpot Sports Cards, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, and agents from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to the use of this Website, including, but not limited to, any violation of these Terms of Use, the failure to fulfill any obligations relating to use of the Website, or your violation of any law or the rights of a third party.
21. You warrant that: you will not use any electronic communication feature of the Website for any purpose that is abusive, tortious, intrusive on another’s privacy, harassing, libelous, defamatory, obscene, threatening, hateful, or otherwise unlawful; you will not post any materials that infringe on rights of third parties; and, you will not upload or transmit any virus or other malware.
22. The Website, any information provided from it and these Terms of Use are given and made in Texas, U.S.A. This agreement is subject to Texas law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the State of Texas, Rockwall or Kaufman counties. You agree to submit to the jurisdiction of the courts located in the State of Texas.
23. THIS WEBSITE AND ALL SOFTWARE AND SYSTEMS USED OR PROVIDED AS PART OF THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING OWNERSHIP, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
24. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE.
25. You and we agree, pursuant to the E-Sign Act (‘the Electronic Signatures in Global and National Commerce Act’, as it may be amended from time to time), to treat electronic tokens of assent from you and from us, as binding expressions of assent by you and by us to contracts.
26. This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that (a) you are of legal age to form a binding contract for Jackpot Sports Cards products and services, and (b) you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
27. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
28. Any merchandise purchased from our Website will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
29. We may revise the Terms of Use from time to time by posting changes to this Website. Any such revisions shall be effective when posted and made available for your review. Your continued use of the Website following such changes is your expression of assent to the modified terms.
30. These Terms of Use and ancillary agreements you have signed in connection with the use of the services provided through this Website contain the entire understanding between us with respect to any use of the Website. Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
31. Unless otherwise specifically noted, images, trademarks, service marks, logos, and icons displayed on this Website are the property of Jackpot Sports Cards or associated licensors and may not be used without our prior written consent. We retain all rights with respect to any of our respective trademarks, service marks, and logos appearing on this Website. Any unauthorized use of the images may violate copyright, trademark, privacy and publicity laws and regulations.
32. Jackpot Sports Cards specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Jackpot Sports Cards will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
Jackpot Sports Cards
Email Address: info@jackpotsportscards.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact us with any questions or concerns in connection with these Terms of Use or the Website, or to provide any notice under these Terms or Use.
33. The failure of Jackpot Sports Cards to partially or fully exercise any rights or the waiver of Jackpot Sports Cards of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Jackpot Sports Cards or be deemed a waiver by Jackpot Sports Cards of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Jackpot Sports Cards under these Terms of Use and any other applicable agreement between you and Jackpot Sports Cards shall be cumulative, and the exercise of any such right or remedy shall not limit Jackpot Sports Cards right to exercise any other right or remedy.
34. Any dispute relating in any way to your visit to, or use of, the Website, to the products you purchase through the Website, or to your relationship to Jackpot Sports Cards shall be submitted to confidential arbitration in Heath, Texas; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas. You hereby consent to, and waive all defences of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas. Arbitration under these Terms of Use will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of use, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Website or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.
35. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
36. YOU AND JACKPOT SPORTS CARDS AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Jackpot Sports Cards agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
