USER AGREEMENT
Last Updated: June 26, 2023
Collectors Holdings, Inc., through its various divisions and affiliate entities (as further identified below as a Collectors Entity) (collectively and individually referred to herein as, “we” or “Collectors”) maintains websites, services, products, applications, and tools related to the authentication, grading, certification, registration, purchase, sale, and storage of collectible items (collectively referred to as the “Services”). Each Service is provided subject to the terms and conditions and instructions applicable to the specific Service (for each Service, the “Terms of Service” is incorporated herein by this reference) and the service fees, prices, rates, and charges provided for that Service, as well as the terms and conditions provided in this User Agreement (collectively with the Terms of Service, the “Terms”). In the event of any inconsistencies between the terms of this User Agreement and the Terms of Service for a specific Service, the terms of this User Agreement will control.
Services are provided by the following divisions and affiliates of Collectors Holdings, Inc.: Collectors Universe, Inc., including its divisions: Professional Sports Authenticator (PSA), PSA/DNA Authentication Services, and Professional Coin Grading Services (PCGS); Wata, Inc.; Ladder Studios, Inc.; Expos Unlimited, LLC; Certified Asset Exchange, Inc. (CCE); and Goldin Auctions, LLC (each a “Collectors Entity”). These Terms constitute a binding legal agreement between you and each of the foregoing Collectors Entities.
BEFORE CREATING OR USING A COLLECTORS ACCOUNT OR USING ANY SERVICE, YOU SHOULD CAREFULLY READ THIS USER AGREEMENT AND THE APPLICABLE TERMS OF SERVICE. By opening or using an account or otherwise using any Services, you agree that your Account (as defined below) is governed by the Terms and you agree to be bound by the Terms. If you do not agree to the Terms, then you should not create or use an Account or otherwise use the applicable Services. Should you object to any of the Terms, or any subsequent modifications, or become dissatisfied with any Services, your sole remedy is to discontinue use of the applicable Services and properly cancel your Account in the manner provided in the Terms.
PLEASE BE ADVISED THAT THIS USER AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. READ THESE TERMS CAREFULLY BECAUSE THEY CONTAIN: (I) LIMITATIONS OF LIABILITY AND DISCLAIMERS REGARDING RISK OF LOSS AND DAMAGES; AND (II) A PROVISION REQUIRING ARBITRATION OF DISPUTES BETWEEN US, INSTEAD OF CLASS ACTIONS OR JURY TRIALS (See Section 17 below for the Dispute Resolution and Arbitration terms).
We reserve the right to update and make changes to the Terms at any time by updating this page or providing notice to you electronically or as otherwise permitted under applicable law. We may also update and make changes to the terms applicable to each Service as further set forth in the applicable Terms of Service. Updates and changes take effect when we post them. Your continued access to or use of your Account and any Services after any updates and/or changes indicates your acceptance to the Terms as modified. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. It is your responsibility to periodically visit this page and review the Terms for updates.
1. ABOUT COLLECTORS SERVICES. Certain of the Services allow users to search and compare collectible items available on third party sites and connect buyers and sellers of collectible items to enable sale transactions between them. We provide these listings (including sponsored listings) as a search engine and aggregator designed to provide you a convenient means to search collectible items that may be relevant to you. We make a conscientious effort to display and describe the items and related specifications accurately based on information we receive. Users may also post images of products from other sources. We do not guarantee the product images or specifications displayed are or will remain accurate. We do not monitor or evaluate the availability, legality, safety, quality or authenticity of the product listings or certify, endorse or make any representations or warranties of any kind regarding third party providers or their product listings. The information, including recommendations regarding product listings, is solely informational and not a substitute for your own due diligence and consultation with providers familiar with your particular needs and circumstances. We have no affiliation with and do not endorse any individual sellers or dealers, and we are not a party to any sales or other transaction that you may make with a seller or dealer. Once a buyer and seller have connected, any purchase or sale transactions are effectuated directly between them, usually on the seller’s website, and the actual contract for sale is directly between the buyer and seller. Except for Goldin Auctions, Collectors does not sell or buy or provide a marketplace for effectuating sales or purchases of collectibles. We do not guarantee the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or that buyers will not return collectibles they purchase from sellers.
Your decision to purchase or sell any products or use any Services should be based on your own informed evaluation of the products and Services.
If you send or otherwise direct delivery or transfer of an item to the PSA Vault, you acknowledge and agree to the PSA Vault Services Terms of Service.
2. NO INVESTMENT ADVICE; INVESTMENT RISKS. No Content presented with any Services should be viewed as legal, tax, investment, financial, professional, or other advice. Content available on the Services is information of a general nature and does not address the circumstances of any particular individual or entity or constitute a comprehensive or completed statement of the matters discussed or the law relating to such matters. Collectors is not a fiduciary by virtue of any person’s use or access to the Services or any Content (as defined below). You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Content on the Services before making any decisions based on such Content.
There are risks associated with buying, selling, trading, holding, or otherwise engaging with collectible items. These risks include risk of loss. A collectibles’ past financial performance is not a guarantee of future financial performance.
3. ACCOUNT REGISTRATION. To use the Services, you must set up an account by providing true, current, complete and accurate information as prompted by the registration form (a “Account”). You will create a password upon submission of account registration. Each user setting up an Account is responsible for keeping the account information and password secret and confidential. You are solely responsible for any communications, submissions, or other uses made using your Account, as well as for any obligations that may result from such use. You are responsible for updating your account with current and accurate information (such as a change in address, phone numbers, e-mail, etc.). You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We are not liable for any loss or damage arising from failure to comply with this provision or unauthorized use of your Account. If we believe the details are not correct, current, or complete, we have the right to refuse access to Services, or any of its resources and to terminate or suspend your Account.
The Services are available to people who have reached the age of legal majority and can form legally binding agreements under applicable law and are otherwise eligible to open an account for Services. We must not have previously disabled your account or terminated Services with you for violation of any laws or any of our Terms or policies. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. If you open an Account or obtain Services from outside the United States, you (i) do so at your own risk and are responsible for complying with the laws and regulations of your territory of residence in connection with the submission and (ii) understand that Terms and your use of the Services are governed by the laws as set forth in this User Agreement or the applicable Terms of Service.
Accounts are personal, non-transferable, and limited to a single individual. There cannot be joint owners of an Account and only the individual authorized under the Account may request or obtain Services under that Account. If you create or use an Account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such Account is owned and controlled by the business entity. We reserve the right to limit or modify account registration at any time and to accept or refuse registration at our discretion.
If you have been approved by a Collectors Entity as an authorized dealer, (i) your access and use of the Services under an Account is further subject to the terms and conditions of the applicable Dealer Agreement between you and that Collectors Entity and (ii) you represent and warrant that you are authorized to act on behalf of any individuals or groups submitting items to you for the applicable Services and have informed all such individuals and groups that the Services are subject to this User Agreement and the applicable Terms of Service.
Personal information you provide in connection with your Account or use of the Services is subject to the Collector’s Privacy Policy.
4. ACCESS TO SERVICES AND LIMITED RIGHT TO USE CONTENT. Content included on the Services, including information, data, software, images photographs, videos, and other materials, including but not limited to PSA Card Facts, PCGS Coin Facts, PSA AutographFacts, PSA ProBatFacts, PSA TicketFacts, and the PSA set registry (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights. Collectors or a Collectors Entity (including its vendor(s) or licensor(s)) owns and retains rights, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, delete, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The software, applications, algorithms and technology used to provide the Services and functionality remain the exclusive property of the applicable Collectors Entity (and its vendors and licensors).
We grant you a limited license to access and make informational, personal and non-commercial use of the Services and Content (as defined above). You may view, use, and copy certain materials from the websites of Collectors and its affiliates and Services in a manner consistent with the applicable Terms of Service for non–commercial, personal use, provided you retain all copyright, trademark and other proprietary notices contained in the Content, do not modify or alter the material, and do not copy or post the material on any network computer or broadcast the material in any media (other than as expressly permitted by the applicable Terms of Service). It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content for public or commercial purposes, including for purposes of minting or creating non-fungible tokens (other than as permitted in the applicable Terms of Service) without written permission from an authorized representative of Collectors or its applicable affiliate entity.
Trade names, trademarks, and service marks of Collectors, and associated goodwill, remain the property of Collectors Holdings, Inc., Collectors Universe, Inc., or a Collectors Entity, as applicable. All trademarks and service marks on the websites and Services not owned by Collectors are the property of their respective owners. Nothing contained on the websites or any Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trade name, trademarks, or service marks, without our express prior written consent.
5. FEES. We charge fees for the use of our Services. The service fees, prices, rates, and charges we charge are listed with the applicable Services and exclude applicable taxes. We may change our fees from time to time by posting the changes with the applicable Service in accordance with the Terms of Service, but may not provide advance notice for temporary promotions or any changes that result in the reduction of fees. Certain Services may require you to have a payment method on file and require that you pay all fees and applicable taxes associated with your use of that Service by the payment due date. If your payment method fails or your Account is past due, we may terminate or place restrictions on your Account or take such other measures as set forth under the Terms of Service or applicable law. IF YOU PURCHASE GOODS OR SERVICES, WE WILL CHARGE THE PAYMENT METHOD YOU PROVIDE. We anticipate authorizing and charging your payment method at the time of purchase for the value of your order plus any applicable taxes and shipping charges. You authorize us to charge your payment method when we bill you for the charges incurred by you.
FOR ANY SERVICES SUBJECT TO SUBSCRIPTIONS, UNLESS YOU NOTIFY US BEFORE A RECURRING CHARGE THAT YOU WANT TO CANCEL, YOU UNDERSTAND THAT YOUR SUBSCRIPTION FOR SERVICES WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, EXCEPT AS REQUIRED BY APPLICABLE LAW) TO CHARGE THE PAYMENT METHOD WE HAVE ON FILE FOR YOU TO COLLECT THE THEN-APPLICABLE FEE AND TAXES.
For products that may be available for purchase on Collectors websites, those products are subject to the terms of purchase and shipping, returns and refunds policies provided at the time of purchase.
6. COLLECTORS APPLICATIONS. In order to use Services made available through the mobile applications provided by us, you must have a compatible mobile device; we do not warrant that any applications will be compatible with your mobile device. If you access an application using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to these Terms with respect to the applications. However, these third-party beneficiaries are not a party to these Terms and are not responsible for the provision or support of the applications. You agree that your access to the applications are also subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
The applications may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the applications.
You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the applications or your possession and/or use of the applications, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that, in no event, shall Apple or Google be responsible for the investigation, defense, settlement and discharge of any third-party claim that the application infringes that third party’s intellectual property rights.
7. ELECTRONIC NOTICES AND COMMUNICATIONS. When you create or use an Account, access Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and you can retain copies of these communication for your records. We may communicate with you by e-mail, by posting notices on the websites for the Services, or as otherwise permitted under applicable law. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Terms. You understand and agree that we, and anyone contacting you on our behalf, may send communications to you at any telephone number that you have provided us in any manner, including using a pre-recorded or artificial voice or an automatic telephone dialing system, including, but not limited to, communications concerning orders placed through your Account or otherwise on the Services. Collectors may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications.
8. PERMISSIONS YOU GRANT:
Content. By displaying, publishing or posting comments, text, images, photos, or other content that you submit for posting on any Services (“Your Content”), you grant to Collectors, its affiliate entities, and those acting at their direction, a perpetual, irrevocable, royalty-free, worldwide, sublicenseable right and license to use, modify, reproduce, publicly perform, display, distribute and create derivative works based upon Your Content for any commercial and non-commercial purposes in any media, now known or hereafter created, as We may determine, in our sole discretion, without the need for any acknowledgment or compensation. If you save Your Content as part of the Services with your Account, we have the right to store Your Content for access by you at a later date. We may delete Your Content after a reasonable period of time consistent with our then-current policies or upon termination of your Account. Your Content may become inaccessible or deleted for other reasons and you should not rely on the Services for storage or archiving of Your Content. As a result, we suggest that you create back-up copies of Your Content.
You are responsible for all Your Content. By posting Your Content, you represent and warrant that Your Content is your own original work or is being posted with the permission of the owner of that content and the content does not infringe or violate the copyright, trademark, trade secret or other personal or privacy rights of any person or entity. You must share only the photos and posts that you have the right to share. Please note that we reserve the right to remove content or information if we believe it violates the Terms.
Submissions. We do not intend to accept ideas, concepts or techniques for new services or products through the Services. Notwithstanding the foregoing, any communication or material you submit to us, such as questions, comments, ideas, feedback, suggestions or the like (collectively “Submissions”), will be treated as non-confidential and nonproprietary and may be used by us for any purpose without notice to you and without any further consent by you. We will be under no obligation whatsoever to use, respond to, or pay any compensation with respect to any Submission. The act of providing any Submission constitutes an assignment to us of all worldwide right, title and interest, including copyright and other intellectual property rights, in the Submission This policy is intended to avoid the possibility of future misunderstandings when projects developed by us might seem to others to be similar to their own submissions or comments.
9. FORUMS AND MESSAGE BOARDS. The Collectors websites may include features that provide you and other users an opportunity to upload or post Your Content to message boards or forums. BE ADVISED THAT WE HAVE NO OBLIGATION TO SCREEN, EDIT, OR REVIEW THE CONTENT PRIOR TO APPEARANCE ON THE MESSAGE BOARDS OR FORUMS, and posted content does not necessarily reflect the views of Collectors. Please keep in mind that content on message boards and forums may be discoverable by, and viewable to, other users. You are responsible for all Your Content. Users on the message boards and forums are not affiliated with Collectors. We do not certify, endorse or make any representations or warranties of any kind regarding these users, their statements, or their product or service offerings.
10. MONITORING. We have the right, but no obligation, to monitor content posted on the Services by users to determine compliance with the Terms, any other operating rules established by us for those Services and to comply with any law, regulation, or authorized government request.
11. RULES OF USER CONDUCT. You agree to access and use your Account and the Services and all Content in accordance with the Terms and all applicable laws. You agree to remain courteous and respectful toward our employees, contractors, agents, and representatives and our partners and other users of the Services. Your access to and use of your Account and the Services is conditioned on your compliance with the rules of conduct set forth below. You agree not to:
a) use the Services or Content for any unlawful, fraudulent, or malicious purposes;
b) manipulate the price of any item or interfere with any other user's listings;
c) interfere with or attempt to disrupt the operation of the Services, including, without limitation, any act that could disrupt, damage, disable, overburden, or impair the systems, servers, or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks;
d) circumvent or attempt to circumvent any security or authentication measures implemented by us or on our behalf;
e) modify, adapt, translate, or reverse engineer any portion of the Services or Content;
f) attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
g) use Services or Content for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes, without our express prior written consent;
h) frame or mirror any portion or feature of the Services or Content, or commercialize any Collectors application or any Content associated with such application;
i) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) retrieve, scrape, access, acquire, copy, or monitor any portion of the Services or Content; (2) reproduce or circumvent the navigational structure or presentation of the Services or Content; or (3) data mine, obtain, or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services;
j) transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
k) forge headers or otherwise manipulate identifiers;
l) post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability; and/or
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Collectors, its affiliates, or any other person or entity.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to us, the Services, Content, our users, our brand, or any other person or entity, or that violates the Terms and/or applicable law. We shall be the sole arbiter in cases of suspected abuse, fraud, or violations of the Terms, and any decision we make relating to termination or disabling of any Account or access to and use of Services shall be final and binding.
12. PROMOTIONS. Any programs, offers, discounts, sweepstakes, contests, surveys or other similar promotions (collectively, "Promotions") made available through the Services may be governed by rules and/or terms that are additional to the Terms. By participating in any such Promotion, you will become subject to any such additional Promotion terms. We urge you to read the applicable Promotion terms prior to participating in any Promotion.
13. CHANGES TO THE SERVICES. We may from time to time, without any notice or obligation to users, at our sole discretion (i) make changes, delete, adapt, or make available additional features on the Services; (ii) interrupt the operation of the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; or (iii) impose limits on certain programs, features, and services, or restrict your access to the Services, in whole or in part.
14. TERMINATION / ACCOUNT SUSPENSION / ACCESS RESTRICTION. We may limit, suspend or terminate, at our sole and absolute discretion, any Account (in whole or with respect to a particular Service) or access to Services immediately if we believe the Account holder has acted inconsistently with the Terms or the law or acted in a manner harmful to us. We may further, in our sole discretion and without limiting other remedies, delay or remove hosted content; remove any special status associated with your Account(s); remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We shall be the sole arbiter in cases of suspected abuse, fraud or violation of the Terms, and any decision we make relating to termination or disabling of an Account, or access to or use of a Service, shall be final and binding.
We also reserve the right to modify, terminate or withdraw any Services or any Content at any time without notice. Upon termination, we will take such actions are provided in the Terms of Service for the applicable Services.
15. CANCELLATION OF YOUR ACCOUNT OR SERVICES. You may cancel your Account at any time by providing a written request to Collectors or the applicable entity providing the Services. Upon receipt of your written request and in accordance with our then-current operating procedures in effect at the time, we will cancel your Account. Any termination or cancellation of applicable Services is subject to the applicable Terms of Service for that Service. We also may cancel unconfirmed Accounts or Accounts that have been inactive for a long time.
16. LINKS TO AND FROM THIRD PARTY WEBSITES. As a convenience to our users, the websites contain products and services offered by, and hypertext links to websites owned or operated by, parties other than Collectors Entities (“Linked Sites”). When you select these hyperlinks to access Linked Sites, you will leave the website operated by the Collectors Entity providing the Services. Because we have no control over the content on that Linked Site, we are not responsible for the availability of such Linked Site or its content. We do not adopt, endorse, nor is it responsible or liable for any such Linked Site or its content, including advertising, products or materials, on or available through such site or its resources. A link to a non–Collectors website does not imply or constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such Linked Site. We reserve the right to terminate any hyperlink to a Linked Site at any time without notice.
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON LINKED SITES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTIES. PLEASE NOTE THAT THE USAGE TERMS, PURCHASE TERMS AND/OR PRIVACY POLICIES AT LINKED SITES MAY VARY FROM OUR TERMS SO PLEASE MAKE SURE TO CHECK THE TERMS AND POLICIES APPLICABLE TO SUCH OTHER LINKED SITES AND THEIR PRODUCTS AND SERVICES PRIOR TO USE.
Linking to any page on any of the Services is strictly prohibited in the absence of our prior written consent. Any website or other device that links to the Services is prohibited from (a) replicating Content, (b) framing or using border around the Content, (c) implying in any fashion that we are associated with that website or is endorsing that website or its products, (d) misrepresenting any state of facts, including its relationship with us, and (f) using any logo or trademark of Collectors (or any of its affiliates) without express written permission from Collectors. We may, in our sole discretion, block links to the Services and Content without prior notice.
17. DISPUTE RESOLUTION AND ARBITRATION. Please read this section carefully—it affects your rights.
By accepting this User Agreement, you and each of the Collectors Entities agree to the terms and conditions of this dispute resolution process and arbitration agreement. That means you are agreeing to resolve any and all disputes with us or claims and/or causes of action against us (“Claims”) through binding arbitration or small claims dispute procedures (unless you opt out) and agreeing to waive your rights to a jury trial and to participate in any class action suit. Additional terms and conditions governing a dispute between us, including disclaimers of certain warranties, limitations of liability, your indemnification obligations, and governing law are set out in separate sections in this User Agreement.
To expedite resolution of disputes and control related costs, you and we agree that any past, present, or future legal or equitable Claims will be resolved as follows.
YOU AND WE EACH AGREE THAT, EXCEPT AS DISCUSSED BELOW, ANY AND ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS USER AGREEMENT, ANY TERMS OF SERVICE, THE PRIVACY POLICY, YOUR USE OF ANY SERVICE OR WEBSITE, OR YOUR RELATIONSHIP WITH COLLECTORS OR ANY COLLECTORS ENTITY WILL BE RESOLVED THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT. You and we each agree that our agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution process. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow this agreement and can award the same damages as a court.
Your right to opt-out of the Arbitration Agreement. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER THE DATE YOU BECOME BOUND BY THIS AGREEMENT (the “Opt Out Deadline”). If you do not wish to be bound by this Arbitration Agreement, you must timely notify us by sending an email to [email protected] and providing the following information in your email: (1) your name; (2) your address; (3) your phone number, and (4) a clear statement that you wish to opt out of this Arbitration Agreement. Any opt-out notice received after the Opt Out Deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court. Informal resolution. We will first try to resolve any Claim informally. You and we agree to negotiate to resolve your claim in good faith. You agree that you may not start a formal proceeding for at least 60 days after you notify us of a Claim in writing, consistent with the Notice and Demand requirements below. If you intend to file a demand for arbitration, in order to give us an opportunity to informally resolve your claim, you must first send us, by certified mail, a written Notice of Dispute (“Notice”). The Notice should be addressed to Collectors Arbitration, Attn: Legal Department, 1610 E. St. Andrew Pl., Santa Ana, California 92705. If you and we do not reach an agreement to resolve the Claim within 60 days after the Notice is received, or immediately upon the Collectors Entity’s denial of your Claims, you or we may start an arbitration by filing a Demand for Arbitration (“Demand”), as set forth below, or start small claims court proceedings. Formal resolution. If we cannot resolve a Claim informally, then either you or we may seek to formally resolve any Claim by starting arbitration or small claims proceedings under the following agreed procedure and rules. To begin arbitration, you must send a Demand to us and to the American Arbitration Association (“AAA”). You and we agree that any and all Claims will be submitted to final, binding, and confidential arbitration before the AAA under its Consumer Arbitration Rules and Commercial Arbitration Rules, as applicable to a particular dispute (“AAA Rules”). Where any of the AAA rules conflict with the terms of this arbitration agreement, however, the terms of our agreement will control. Our agreement to arbitrate is retroactive in effect and applies to all Claims regardless of whether they accrued before or after the User Agreement and this agreed dispute resolution procedure went into effect. Our agreement to submit all Claims to arbitration includes all disputes or questions about arbitrability, all claims for temporary, injunctive, or declaratory relief, and all claims arising under any federal or state statute, rule, or regulation. ARBITRATION MEANS THAT YOU AND WE WAIVE OUR RIGHT TO A JURY TRIAL. WE BOTH UNDERSTAND THAT ARBITRATION IS A DISPUTE-RESOLUTION PROCESS THAT IS DIFFERENT FROM FILING A LAWSUIT IN COURT AND THAT BY AGREEING TO SUBMIT ALL CLAIMS TO ARBITRATION, YOU AND WE ARE EACH GIVING UP OUR RIGHT TO FILE A LAWSUIT AND OUR RIGHT FOR A JURY TO DECIDE OUR CASE. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS ABOVE. You and we agree that Claims submitted to arbitration will be decided in a single arbitration before a single arbitrator. The arbitrator will be selected using the following procedure: (1) the AAA will send the parties a list of five candidates; (2) if the parties cannot agree to select an arbitrator from that list of five, then within 14 days, each party will return its list to the AAA striking up to two candidates and ranking the remaining candidates by order of preference, (3) the AAA will appoint as arbitrator the candidate with the highest preferred ranking on an aggregated basis; and (4) if for some reason appointment cannot be made under this procedure, the AAA will have discretion to appoint an arbitrator of its choosing. We will pay or reimburse all AAA filing, administration, and arbitrator fees. If, however, the Arbitrator finds that either the substance of your Claim or the relief sought in the Demand was frivolous or brought for an improper purpose, then the payment of all such fees will be governed by the AAA rules. An arbitrator may award on an individual basis any relief that would be available in court, including injunctive or declaratory relief and attorneys’ fees. For claims under $75,000 as to which you provided Notice and negotiated in good faith before starting an arbitration, if the arbitrator finds you are the prevailing party in the arbitration, then you will be entitled to recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek recovery of our attorneys’ fees from you even where it might otherwise be permitted under applicable law. If the Claims asserted in any request or demand for arbitration could have been brought in small claims court (e.g., for Claims that do not exceed the jurisdictional limit of small claims court), then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Class action waiver. YOU AND WE AGREE THAT FOR ANY PROCEEDINGS, WHETHER BROUGHT IN ARBITRATION OR COURT, CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. THAT MEANS YOU AND WE WAIVE THE RIGHT TO BRING A CLASS ACTION AND CANNOT ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR NON-REPRESENTATIVE MEMBER OF A CLASS. You and we agree that Claims of two or more persons may not be joined or consolidated in the same arbitration unless arising from the same transaction. Furthermore, you and we agree that neither you nor we may pursue claims in arbitration as a class or collective action, private attorney general action, or other representative action. The arbitrator shall have the authority to award relief only on an individual basis. The AAA Rules for Class Actions will not apply to our arbitration. If you opt out of this dispute resolution process and arbitration agreement as described above, this class action waiver will not apply to you. Neither you, nor any other individual, can be a class representative or class member in a class, consolidated, or representative proceeding without having complied with the opt out requirements above. Jury trial waiver. If a Claim proceeds in court rather than arbitration, YOU AND WE EACH STILL WAIVE ANY RIGHT TO A JURY TRIAL.
Severability. If any part of this dispute resolution process and arbitration agreement is held invalid and unenforceable, then that part may be severed from the rest of the agreement. You and we agree that any ruling by an arbitrator or court allowing any claimant to seek relief for other persons in a representative capacity would be contrary to your and our intent and would require immediate judicial review. If we believe that any Claim you have filed in arbitration or in court is inconsistent with the class action waiver, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
18. DISCLAIMER OF WARRANTIES. THE SERVICES AND ALL CONTENT AND PRODUCTS ARE SUBJECT TO CHANGE AND PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND COLLECTORS AND ITS PARENT, AFFILIATES, SUBSIDIARIES, DESIGNEES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD–PARTY CONTENT PROVIDERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE (COLLECTIVELY, “RELEASED PARTIES”) TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. COLLECTORS RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM ITS WEBSITES OR ITS SERVICES AT ANY TIME IN ITS SOLE DISCRETION. Without limiting the foregoing, we neither warrant nor represent that (i) your use of any Content will not infringe the rights of any third parties; (ii) the Content or information contained on Linked Sites will be accurate, reliable, complete or up-to-date; (iii) Content provided on the Services is applicable to, or appropriate for use in, locations outside of the United States; (iv) your access to the Services will be secure, uninterrupted or free of errors or other harmful components; (v) you will be satisfied with the products or services that you purchase from a Linked Site or any dealer, retailer, or provider listed on the Service; or (vi) the results you may obtain by accessing or using he Services or Content. We assume no responsibility or liability arising from any material or information that may be provided by any third party. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
19. EXCLUSION OF LIABILITY AND RELEASE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT WILL ANY COLLECTORS ENTITY OR ANY RELEASED PARTIES BE RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES, DOWNLOAD OF ANY CONTENT OR ACCESS TO ANY LINKED SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COLLECTORS NOR ANY COLLECTORS ENTITY OR OTHER RELEASED PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY OF USE OF THE SERVICES OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
If you have a dispute with one or more users, you release Collectors (including, our parent and affiliates entities, all Collectors Entities, and our and their respective and their respective officers, directors, employees, agents, contractors, and representatives) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IF ANY PORTION OF THE LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE FEES OR CHARGES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY FOR THE APPLICABLE SERVICES OR (B) ONE HUNDRED DOLLARS ($100).
Without limiting the generality of the foregoing, you hereby waive the provisions and protections of the California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
20. INDEMINIFICATION BY YOU. You agree to indemnify, defend, and hold harmless Collectors, all its parent and affiliate entities, Released Parties, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, losses, damages and costs, including reasonable attorneys’ fees and related expenses, arising out of or related to (i) breach of any of the Terms by you or anyone acting on your behalf; (ii) your activities in connection with use of the Services; or (iii) any fraud, misconduct, or violation of applicable law in connection with the use of the Services. Collectors reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to this indemnification by you. You will not enter into any settlement agreement which affects the rights of any of the indemnified parties or requires the taking of any action by any of them, without our prior written approval.
21. EXPORT CONTROL. Software and other materials available through the Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (i) into any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.
22. GOVERNING LAW. Except as otherwise expressly stated in the Terms of Services for a specific Service, these Terms and all claims arising out of or relating to this User Agreement, your Account, your relationship with Collectors or any entity providing Services, and use of the Services, will be governed by construed and enforced in accordance with the laws of the State of Delaware, without giving effect to any principles or conflicts of laws.
23. NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
24. GENERAL TERMS; POLICY ENFORCEMENT; WAIVER. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the remainder shall continue in effect. The Terms (and applicable policies, guidelines, and documentation provided with the Services) represent the entire agreement between you and Collectors (and the applicable entity providing the Services) with respect to access and use of your Account and Services and supersede any prior statements or representations. When an issue arises with respect to use of Services, we may consider the user's performance history and the specific circumstances in applying our policies. We choose, in our sole discretion, how enforce these Terms and our policies and guidelines in an effort to do the right thing for our users. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate an Account with anyone, for any reason at our discretion.
25. HOW TO CONTACT US. Email: [email protected] (mailto:[email protected]) Phone: 1(800) 355-3594