Sports Card Price Guide - Terms of Service Agreement

sports card Price Guide - Terms of Service Agreement

1. ACCEPTANCE OF TERMS

SportsCardsPro.com provides the sports card pricing guide service ("the Service") to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at:

https://www.sportscardspro.com/page/guide-terms-of-service

2. DESCRIPTION OF SERVICE

The Service is an online service providing daily updated prices for all the sports cards in our database in a file accessible over the Internet.

3. PAYMENT

Payments must be made via Paypal subscription service before the start of the Service. Payments are non-refundable. Payments will not be refunded for any reason if you choose to stop using the service.

Payments will be refunded on a pro-rata basis for the remaining term of your contract if the Service is discontinued, or your Service is stopped at SportsCardsPro.com discretion. (See below for terms regarding termination of service). Payments will not be refunded for any temporary outages or the inability to access the data for periods of time less than or equal to 3 days. Any refunds for outages greater than 3 days will be limited to the pro-rated cost of service for the duration of the outage.

4. ACCEPTABLE USE

You agree to use the pricing data only for your own personal or business use. Data can only be redistributed with express written consent of SportsCardsPro.com.

You agree NOT to:

(a) reproduce, duplicate, copy, sell, resell, lease, or otherwise distribute any pricing information provided as part of the service to any third party, including distribution without compensation.

(b) interfere with or disrupt the Service or servers or networks connected to the Service;

5. OWNERSHIP OF DATA

You agree that all prices and other information provided through the Service remain the ownership of SportsCardsPro.com. You are leasing access to the data and no ownership is transferred upon use of the Service.

6. INDEMNITY

You agree to indemnify and hold SportsCardsPro.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to your use of the Service, or your connection to the Service.

7. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

8. MODIFICATIONS TO SERVICE

SportsCardsPro.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SportsCardsPro.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. TERMINATION

You agree that SportsCardsPro.com, in its sole discretion, may terminate your password and use of the Service for any reason, including, without limitation, for lack of use or if SportsCardsPro.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SportsCardsPro.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice. Further, you agree that SportsCardsPro.com shall not be liable to you or any third-party for any termination of your access to the Service.

10. SportsCardsPro.COM PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by SportsCardsPro.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

SportsCardsPro.com grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SportsCardsPro.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) SportsCardsPro.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SportsCardsPro.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SportsCardsPro.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SportsCardsPro.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) ANY OTHER MATTER RELATING TO THE SERVICE.

13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

14. NOTICE

Notices to you may be made via either email or website posts. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

15. GENERAL INFORMATION

The TOS constitute the entire agreement between you and SportsCardsPro.com and govern your use of the Service, superceding any prior agreements between you and SportsCardsPro.com (including, but not limited to, any prior versions of the TOS). The TOS and the relationship between you and SportsCardsPro.com shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions. You and SportsCardsPro.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Carbon, Wyoming. The failure of SportsCardsPro.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.