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Terms & Conditions
Terms and Conditions
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Last Modified: April 21, 2022
Welcome to My Card Post, a peer-to-peer online trading card marketplace and community of collectors. The Website located at www.mycardpost.com (the “Website” or “the Platform”) is owned and operated by My Card Post, LLC in accordance with the laws of the State of California and the United States of America (hereinafter “the Company,” “we,” “us,” or “our”).
These Terms and Conditions, together with our Privacy Policy, and any supplementary terms posted on our Website (collectively the “Terms” or the “Agreement”), govern your access and/or use of the Platform.
PLEASE CAREFULLY READ THIS AGREEMENT BEFORE ACCESSING/USING THE PLATFORM. YOUR ACCESS/USE OF THE PLATFORM IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THIS AGREEMENT.
BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY ALL THE PROVISIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE PROHIBITED FROM USING THE PLATFORM, AND YOU MUST IMMEDIATELY CEASE ANY USE THEREOF.
Definitions and Interpretation
Account Registration and Safety
Subscription Payments, Cancellations, and Refunds
Digital Millennium Copyright Act
Governing Law and Jurisdiction
1.1. You must be at least 18 years of age and the legal age to enter into a binding contract to use the Platform;
1.2. If you are under 18 years of age (‘minor’), you are prohibited from registering an account on the Platform, but you may request your parent or legal guardian (hereinafter “parent”) to sign-up and manage an account for you;
1.3. If you are a parent, by registering and managing an account for your minor (“parent-managed account”), you agree that you will not allow the minor to use the Platform unsupervised. You also agree to abide by this Agreement and remain responsible for all the actions of your minor, whether online or offline.
2.1. The following words shall have the meaning given hereunder whenever they appear in these Terms and Conditions:
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Account |
refers to an account registered on the Website, including any parent-managed accounts.
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Listing |
refers to a trading card offered for sale, purchase, or trade on a user’s Profile.
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Parties |
refers to users who enter into any trade, sale, or purchase agreement/transaction with each other.
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Profile |
refers to a user’s publicly visible profile page on the Platform.
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Sale Price |
means the price as determined by a user (“Seller”) for a card available for sale on such user’s profile, inclusive of all applicable taxes.
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Service |
refers to all proprietary software features and functionality offered by the Company, including but not limited to searching for trading cards, creating user content, entering into transactions through the Platform, communicating with other Collectors, as well as reviewing functionality after the conclusion of a transaction.
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Subscription Plan |
refers to any one or more plans (free or paid plans) offered by the Company.
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Subscription Fee |
refers to the amount a user pays the Company for a paid subscription plan.
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Subscription Term |
means the initial term of your paid subscription plan and each subsequent monthly or annual renewal term (as applicable).
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Transaction |
refers to any agreement between users to trade, sell or buy trading cards through the Platform.
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‘User,’ ‘you,’ ‘your,’ or ‘collector’ |
refers to an account holder on the Platform who satisfies the eligibility criteria.
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User Content |
refers to any content posted/uploaded by a user on the Platform as outlined in Section 6 of this Agreement.
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2.2. The use of any masculine, feminine, or neuter gender and the singular or plural numbers in this Agreement shall refer to the gender and number as the context requires.
3.1. My Card Post is an online peer-to-peer trading card marketplace and community of collectors. Users can enter into transactions with each other, communicate through the Platform’s built-in messaging functionality, and/or arrange in-person meetings to connect with other Collectors.
3.2. Transactions
To start transacting through the Platform, you will be required to sign-up for an account in accordance with Section 4 of this Agreement. Please ensure that your selected subscription plan includes the required features and functionality for conducting a transaction through the Platform.
3.2.1. Listings
Once your account is successfully registered, you can start by creating a listing on your profile with a complete and accurate description of the trading card you wish to trade, buy or sell and its price (as applicable). You understand and accept that it is solely your responsibility to authenticate the grade of your card before listing it on the Platform. You may not use any images you are not authorized to use for online advertising. You are specifically prohibited from using images that do not accurately depict the card you are offering for sale or trade.
You are prohibited from listing any stolen, illegally obtained, or counterfeit trading cards for sale or trade through the Platform. By listing a trading card for sale or trade on your profile, you represent and warrant that you have all the required rights, title, and authority to sell/trade such card through the Platform. You further represent and warrant that any transaction you enter into through the Platform will not violate any third party’s rights.
The Company reserves the right but is not obligated to monitor and approve listings to ensure compliance with this Agreement. We also reserve the right to delay publishing any listing or decline to publish a listing at our sole discretion without providing any reason for our decision.
If we discover that your listing is for a stolen, illegally obtained, or counterfeit trading card, we reserve the right to:
a) Remove such listing;
b) Terminate your account;
c) Ban you from the Platform; and
d) Report you to the law enforcement authorities.
If you change your mind and no longer wish to offer your trading card for sale or trade through the Platform, you can easily delete your listing from your account at any time before entering into a transaction.
3.2.2. Sale/Purchase and Trade Transactions
All transactions conducted through the Platform are solely between the parties, and the Company is not a party to any transaction or disputes arising from such transactions.
a) Sellers
When you create a listing for sale of your trading card, you are referred to as a ‘Seller’ for transactions relating to such card. If you are a Seller, you can specify the sale price for your trading card and whether you will consider any trade proposals from other users. By creating a listing for sale/trade of your card, you expressly agree that:
i) Sale Transactions
Users who wish to purchase a trading card listed for sale on the Platform (“Buyer/s”) can buy it by paying the full sale price specified in the listing.
Once a Buyer pays the full sale price, the full amount less any payment processing charges will be transferred to the Seller’s linked PayPal account, and the Seller will receive the sale order. Upon receipt of the sale order, the Seller will be required to ship the card to the shipping address provided by the Buyer.
Sellers must ship all sale orders within 48 hours from receipt of the sale order.
ii) Trade
If a listing specifies that the Seller will accept trade offers, interested Buyers can send trade proposals to the Seller for such listing. Please note that Buyers have an option to offer a cash amount as partial payment with their proposed trade.
Trade with cash payment
If a Seller accepts a Buyer’s proposal, and the proposal includes a cash payment, the Platform will prompt the Buyer to make the payment which will be paid into the Seller’s linked PayPal account through the Platform. Once the Buyer makes the payment mentioned above, both parties to the trade transaction will be required to purchase a shipping label within 48 hours from the time of such payment and ship the parcel to the other party.
Trade without cash payment
If a Seller accepts a Buyer’s proposal, and the proposal does not include any cash payment, immediately upon acceptance of such offer/counter-offer, the parties must purchase a shipping label and ship their respective cards to the other party within 48 hours from the time of offer acceptance.
PLEASE NOTE users who are party to a trade transaction may only post their card after both tracking numbers for the trade are available on the Platform.
b) Buyers
When you purchase a trading card or make any trade offers for a listing through the Platform, you are referred to as a ‘Buyer’ for purposes of those transactions. If you are a Buyer, you expressly agree that:
i) Sale Transactions
As a Buyer, if you wish to purchase a trading card that is for sale on the Platform, you can easily do so by clicking the “Buy Now” button and paying the full sale price.
Our payment processor processes all transactions on the Platform, and we will not collect any of your sensitive payment data. By making the payment, you represent that you have the right to use the payment method provided by you. Buyers are expressly prohibited from paying or attempting to pay through unlawful means.
Immediately after the Buyer pays the full purchase price, the Seller will be prompted to generate a shipping label and ship the ordered card to the Buyer. Please note that a Seller has up to 48 hours from the time of the payment to ship the card to the Buyer.
Buyers are advised to carefully review the card description prior to making any purchases. Subject to this Agreement, you understand and agree that all sales are final after the payment is processed, and you will not be able to return the card and request a refund from the Seller.
ii) Trade
As a Buyer, if you would like to trade your card with one listed by a Seller on the Platform, you can make a trade proposal to the Seller of the card. You have the option to offer a cash amount as partial payment with your proposed trade. The Seller has the option to accept a Buyer’s offer, reject it or make a counter-offer.
Trade with cash payment
If a Seller accepts your trade proposal, which includes part payment of a specified amount, you will be required to make such payment before proceeding to the next step. After you make the full payment, both parties to the trade transaction will be required to purchase a shipping label within 48 hours from the time of such payment and ship the parcel to the other party. If you do not make the payment or your payment method is declined, the card will remain available on the Platform and open to offers from other users.
Trade without cash payment
If the trade proposal did not include any cash payment, once the Seller accepts the Buyer’s offer, the Platform will prompt both parties to purchase a shipping label and ship their respective cards to the other.
Users who are party to a trade transaction may only post their card after both tracking numbers for the trade are available on the Platform.
The Company provides an online venue where users seeking to trade, buy or sell trading cards can meet other Collectors and enter into transactions. Please note that the Company does not buy, sell or trade any cards listed on the Platform or act as an agent, partner, or representative of any Collector. All cards listed on the Platform are offered by users. For the avoidance of any doubt, the Company will not be a party to any sale, purchase, or trade transactions between users or any disputes arising from such transactions.
Although our algorithm suggests listings to users based on their search and interests, you understand and agree that you are solely responsible for independently evaluating your decision to make any transactions through the Platform. You are advised to exercise your own best judgment and take all reasonable precautions when transacting with other users you meet on the Platform. The Company will not be responsible for any user’s conduct, either online or offline, including any unlawful conduct of any user.
3.3. Ratings and Reviews
Users have the right to leave a rating and review for transactions concluded through the Platform and share their experiences. All reviews on the Platform are our users' opinions and not the opinion of the Company. The Company shall not be responsible for any loss, claim, or damage incurred by any individual due to a negative rating or review.
The Company reserves the right, in its sole discretion, to remove any ratings and reviews from the Platform if:
a) A review contains inappropriate language;
b) A review violates any applicable laws;
c) A review discloses any personal or confidential information that is not publicly available;
d) A review that is not genuine and posted with the intention to harm another user;
e) A review that does not provide any relevant information to prospective users;
f) If the Company receives instructions by court order to remove a review; or
g) If we deem a review to be harmful to the Company or its users.
3.4. User Rights and Obligations
3.4.1. If you post a listing on the Platform, you have the right to change or remove your listing at any time before you enter into any transaction;
3.4.2. You have the right to accept or reject any trade offers for your listings or make counter-offers;
3.4.3. For any money you make from selling or trading your cards on the Platform, you are solely responsible for paying all applicable taxes. Please note that the Company will not be responsible for withholding taxes on your behalf;
3.4.4. You are under obligation to ship the card that you sell or trade through the Platform in accordance with the provisions of this Agreement;
3.4.5. You are under obligation to keep any personal information you receive from the other party for shipping purposes private and in compliance with applicable privacy laws of your jurisdiction. You are prohibited from using such information for any purpose other than performing your rights and obligations under a transaction.
3.5. Transaction Disputes
We encourage users to amicably resolve any transaction-related disputes directly between themselves using the communication channels available on the Platform. If the parties are unable to reach a resolution or a user is a victim of fraud or other serious disputes, users may contact our Customer Support team to resolve such disputes. Please note that our Customer Support team is only authorized to suspend the guilty party’s account as a remedy. Our Customer Support team will rely upon this Agreement and the evidence presented by the parties to determine the correct resolution.
3.6. User Verification
We do not verify the identity of any user; therefore, we are unable to offer any guarantees that a user is who s/he claims to be. It is solely your responsibility to assess any risks associated with meeting another user offline. We disclaim all liability for any misrepresentation by any user or for any actions or omissions whatsoever of any user. Any acceptance or approval of a user account on the Platform does not constitute an endorsement of such user by the Company.
3.7. DISCLAIMER
THE COMPANY DOES NOT OFFER ANY ASSURANCES OR WARRANTIES FOR ANY TRADING CARDS LISTED ON THE PLATFORM, AND THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS, COST, OR DAMAGE INCURRED BY ANY USER, WHETHER DIRECTLY OR INDIRECTLY, ARISING FROM OR RELATING TO A USER’S RELIANCE UPON ANY USER-CONTENT ON THE PLATFORM.
YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON. YOU SHALL BE SOLELY RESPONSIBLE FOR ALL YOUR INTERACTIONS WITH OTHER USERS AND FOR PROTECTING YOURSELF AND YOUR PROPERTY DURING SUCH INTERACTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY PHYSICAL HARM, LOSS, DAMAGE, COSTS, OR EXPENSES INCURRED BY YOU OR ANY OTHER PERSON, WHETHER DIRECTLY OR INDIRECTLY, ARISING OUT OF OR CONNECTED WITH THE USE OF THE PLATFORM.
THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY USER ACTION OR OMISSION, WHETHER DIRECT OR INDIRECT, ONLINE OR OFFLINE. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAW BY A USER. ANY DECISION TO USE THE PLATFORM WILL BE MADE BY USERS ENTIRELY AT THEIR OWN RISK.
UNLESS EXPRESSLY SPECIFIED OTHERWISE, THE COMPANY’S RESPONSIBILITY IS LIMITED TO FACILITATING THE AVAILABILITY OF THE PLATFORM FEATURES AND FUNCTIONALITY. YOUR DECISION TO USE THE PLATFORM OR MAKE ANY TRANSACTIONS THROUGH THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
You are required to sign-up for an account to make use of the Platform. The Company currently offers multiple subscription plans to suit different user requirements. You must select one of the offered plans during your account registration.
You can sign-up for an account on our Website located at www.mycardpost.com. You agree to provide us with current, complete, and accurate information during your account registration and keep your information up to date. All personal information collected by us is processed in accordance with our Privacy Policy. Please carefully review our Privacy Policy before signing up for an account.
The Company issues all accounts at its sole discretion. You may not create multiple accounts on the Platform or impersonate another person. The Company reserves the right to refuse to accept any username or email address during account registration if such username is deemed inappropriate or where the email address is already registered by another user.
You are solely responsible for maintaining the confidentiality of your account login credentials to prevent any unauthorized access to your account. You assume full responsibility for all activities that occur through your account. Please immediately report any unauthorized access to your account or other suspicious activity at support@mycardpost.com. You hereby release the Company and its employees from all liability arising out of or associated with the unauthorized use of your account login credentials. You agree that your decision to use the Services offered by the Company is entirely at your own risk.
Please note that the use of the Platform requires access to the internet, and the Company will not be responsible for any data connectivity charges incurred by you during this Agreement. All such charges are solely your responsibility.
5.1. Subscription Plans and Fees
The Company currently offers both free and paid subscription plans to suit different user requirements.
5.1.1. Free Plan
Our Free Plan enables you to log into your account and start using limited Platform features and functionality.
5.1.2. Paid Subscription Plans
The Company currently offers two paid plans with monthly and annual billing cycle. Both our paid subscription plans and accompanying subscription fees are listed on the Website and quoted in US Dollars (excluding applicable taxes).
5.1.3. Changes in Plans and Fees
We reserve the right to modify our subscription plans and fees at our sole discretion. Any changes in our subscription fee will not impact any current billing cycle and shall only become effective from your next billing cycle. We will give you at least 30 days’ notice by email of any changes in our subscription fee. If you do not agree with such changes in our subscription fee, your sole remedy is to cancel your subscription plan before the end of your current billing cycle.
5.2. Payments Policy
5.2.1. Payment Processing
All subscription fee payments will be processed by our selected payment processor, Paypal Inc, in accordance with their own legal agreements.
You will be billed according to your selected paid subscription plan (plus applicable taxes) when you first subscribe to the Platform, and your subscription will automatically renew for a new term equal in length to the expiring subscription term until such time that you cancel your paid subscription. You hereby authorize the Company and our payment processor to charge your payment method on the billing date in accordance with the provisions of this Agreement.
You can pay for your selected subscription plan using any major credit or debit card. By providing your payment details when requested, you represent that the payment information provided by you is correct, current, and complete and that you have the right to use the payment card provided by you. You are expressly prohibited from paying or attempting to pay through any unlawful means.
The Company reserves the right at its sole discretion to cancel any payments if it appears fraudulent and to take appropriate actions, including but not limited to notifying the cardholder and relevant authorities.
5.2.2. Upgrades and Downgrades
You may upgrade or downgrade your paid subscription plan by accessing your account settings. You understand and accept that all subscription plan upgrades will be effective immediately from the time of upgrade, and all downgrades will only become effective from the end of your current subscription term.
When you downgrade your subscription, you will cease to have access to all the features and functions that were available under your previous plan. The Company will not be held liable for any loss incurred by you as a result of your decision to downgrade your subscription plan.
5.2.3. Non-payments
If we are unable to process your payment to renew your subscription plan, your account will be downgraded to the free plan. Please note that the Company will not be liable for any inconvenience, loss, costs, or damages suffered by you as a result of the downgrade of your subscription plan due to non-payment.
5.3. Cancellations Policy
You may cancel your subscription anytime by accessing your account settings or by emailing us at support@mycardpost.com with the words “Cancellation” in the subject line. Please note that you must cancel your paid subscription plan before the end of the current cycle to avoid billing for the next cycle. You will retain access to all the features and functionality included in your current subscription plan until the end of your current subscription term, and after that, you will no longer be able to access those features.
5.4. Refunds Policy
Unless expressly specified otherwise in this Agreement, the subscription fee is fully earned by the Company on the payment day, and we do not offer any full or partial refunds should you choose to cancel your subscription before the end of your billing cycle. Notwithstanding the foregoing, we may grant refunds to users in certain exceptional circumstances. If we decide to grant your refund request, such refund will be made to the original payment method used by you. The processing of refund payment may take time; please wait at least 14 days for the payment to appear in your payment account.
5.5. Free Trials
The Company may, at its sole discretion, offer a paid subscription plan to you on a free trial basis for a fixed period. You understand and agree that if you wish to continue using the same plan after the end of your free trial period, you will be required to pay the full subscription fees specified on our Website at that time.
All content that is posted/uploaded on the Platform by users, including but not limited to profiles, listings, Direct Messages, Ratings, and Reviews, forms part of the user content (“user content”). User Content does not include any content, material, resources, software code, and the like that is created or owned by the Company.
By uploading, posting, or submitting your user content on or through the Platform, you represent and warrant that you are the owner of such user content, or you have all rights, licenses, consents, and authority required to upload, post, or submit such user content on the Platform. You further represent and warrant that any Member Content you upload, post, or submit on the Platform does not infringe or violate any intellectual property, proprietary, privacy, or publicity rights of another person; and/or any applicable laws or regulations.
You grant the Company a non-exclusive, irrevocable, royalty-free, perpetual, worldwide, sub-licensable, and transferable license to use, copy, publish, reproduce, prepare derivative works of, distribute, modify or otherwise exploit your user content without limitation or obligation to compensate you.
The Company reserves the right to monitor, edit, or remove any user content from the Platform, but we are not under any legal obligation to do so. Our failure to exercise our rights does not result in a waiver of such rights.
The Company will not be liable for any errors, omissions, or inaccuracies in any user content. You hereby release the Company from all liability arising out of or associated with your use of any user content available on the Platform.
All content made available by the Company through the Platform, including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software, and the like, are owned by and/or licensed to the Company by its licensors and subject to trademark, copyright, and other intellectual property laws of the United States of America (“Company Content”).
The Company only grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for your personal and non-commercial use only. Nothing herein shall be construed as a sale of any Company Content. You agree that any infringing use or exploitation of copyrighted content may cause us, our affiliates, or licensors irreparable injury. The Company and its Licensors may seek remedy for such breach either in equity or through injunctive or other equitable relief.
Trademarks
My Card Post is the Company’s registered trademark. Any use of our trademark for any product or service not owned or operated by us is strictly prohibited. Any third party's registered and unregistered trademarks or service marks on the Platform are the property of their respective owners. You may not use such proprietary marks without the owner's express authorization.
If your copyrighted content is posted on the Platform without your authorization, please send your DMCA notice to our designated agent with the following information:
○ Identification of the content that is claimed to be infringing your copyrighted works;
○ Link to the page where such content appears;
○ Your contact information, including your name, phone number, and email address;
○ A written and signed statement by you that:
■ The information provided by you in the notice is accurate; and
■ Under penalty of perjury, you have the relevant rights and authority to communicate with us regarding the copyright infringement.
The aforementioned information should be sent to
My Card Post, LLC
500 East Hamilton Ave. #3001
Campbell, CA 95008
This Agreement will commence on the date you sign-up for an account and remain effective until terminated by you or the Company.
9.1. Termination by user
You may terminate this Agreement at any time by deleting your account. To delete your account, please contact us at support@mycardpost.com with the words ‘account termination’ in the subject line. Please note that you cannot terminate your account if you have any orders awaiting shipping.
9.2. Termination by the Company
9.2.1. Termination without cause
The Company may terminate your account or restrict/suspend your access to the Platform at its sole discretion by giving you a 30 calendar day notice.
9.2.2. Termination with cause
The Company may terminate this Agreement with immediate effect and without any prior notice if:
a) You are in breach of this Agreement;
b) You violate any applicable law; or
c) Your conduct is harmful to the Company or its users.
9.3. Consequences of Termination
Once your account has been terminated, you will not be able to reactivate/restore your account at a later stage, and you will lose all data associated with your account.
If the Company has terminated your account on grounds specified in Section 9.2.2. above, you understand that you are strictly prohibited from:
9.3.1. Creating a new account;
9.3.2. Accessing the Platform through another user’s account; and
9.3.3. Accessing the Platform through any other unauthorized mechanism.
9.4. Survival
All provisions of this Agreement that by their nature are intended to survive the termination of this Agreement shall survive.
The Company cannot offer any guarantees as to any successful sales or trades during the term of this Agreement. You understand and accept that the Company does not control or influence any user’s decision to buy, sell, or trade cards through the Platform. The Company will not be held liable for your success or failure to achieve any specific results during this Agreement.
You expressly agree that you will not:
11.1. Create multiple accounts on the Platform;
11.2. Impersonate another person on the Platform;
11.3. Sell, rent or otherwise transfer your account to another person or authorize any other person to use your account;
11.4. Use the Platform for any unlawful or unauthorized purposes;
11.5. Create listings with misleading titles;
11.6. Create duplicate listings;
11.7. Make any disparaging comments about the Company;
11.8. Make use of the Platform to create a competitive product/service;
11.9. Access the Platform through means other than the interface provided by the Company;
11.10. Post any content that violates any third-party’s rights, including but not limited to privacy or publicity rights;
11.11. Post any unsolicited advertisements, “spam,” or other similar content through the Platform;
11.12. Post any content on a third-party website that misrepresents that such content is endorsed or sponsored by the Company;
11.13. Post, upload, share or in any other way distribute any content that may be deemed defamatory, libelous, threatening, or harassing;
11.14. Post, upload, or share any content that may be deemed generally obscene, pornographic, sexually explicit, or contain any material, that we may in our sole discretion deem inappropriate;
11.15. Post or share any content that is demeaning to any group on the basis of race, disability, age, sexual orientation, gender identity;
11.16. Post or share any content that may be deemed violent, in any way illegal;
11.17. Take any action that interferes with or disrupts the operation of the Platform;
11.18. Assess the vulnerability of the Platform by scanning, probing, or testing through any other means;
11.19. Breach or circumvent any security measures used by the Company to protect the Platform;
11.20. Harass or threaten any Company employees, agents or affiliates, or any other Member;
11.21. Cause harm to or subvert the Platform’s function by introducing any harmful computer programming routines or viruses, trojan horses, time bombs, or cancelbots that may damage, modify, delete or interfere with any system, data, or information stored on our servers.
If we discover that you have violated any of the aforementioned terms, we reserve the right to block your account and take any appropriate legal action to ensure the safety of our Platform and users.
When you sign-up for an account, you enter into this Agreement electronically. You understand and agree that all communication between you and the Company is through electronic means.
For the purposes of this Agreement, you expressly consent to receive communications from the Company electronically. Furthermore, you agree that all notices, disclosures, and other communications that the Company provides you electronically will meet any legal requirement that such communication should be in writing.
The Company reserves the right to update these Terms at any time without giving any notice. Where we make any changes to these Terms, we will update the last modified date on the top of the page where these Terms appear. All amendments shall be effective from the date we publish the updated version on the Website. You are advised to periodically review these Terms to familiarise yourself with any material changes. Your continued use of the Website after the effective date of any amendments shall constitute your acceptance of such amendments.
The Platform and all content available therein is provided to you “AS IS” and without any warranties of any kind, express or implied.
To the maximum extent permitted by applicable law, the Company disclaims all warranties as to the performance, safety, legality, quality, conduct, or existence of any user or trading card listed on the Platform. The Company does not offer any warranties that the Platform will:
a) meet your requirements;
b) be uninterrupted, error-free, and secure;
c) be accurate, reliable, complete, or safe; or
d) any defects or errors will be corrected.
In no event shall the Company be responsible for any loss or damage, including personal injury or death, resulting from the use of the Platform, any content available through the Platform, or any user conduct, whether online or offline.
Some jurisdictions may grant you statutory rights and warranties which cannot be disclaimed by this provision; if you are in such jurisdiction, this provision may not apply to you.
To the maximum extent permitted by applicable law, neither the Company nor its employees, contractors, agents, or other officers (the Company and its officers) shall be liable to you for any special, incidental, exemplary, or consequential damages or losses of any kind, including but not limited to any loss of profit, loss of goodwill, loss of data, service interruption, system failure, cost of acquiring substitute product, or any other similar losses or damages arising out of or related to (i) the use or inability to use the Platform, (ii) any user content on the Platform, (iii) any interaction between users, whether online or offline (iv) any transactions conducted through the Platform, (v) any provision of this Agreement whether based on warranty, contract, tort, equity or any other legal theory, even if the Company was advised of the possibility thereof.
In no event will the Company’s aggregate liability to you or any other party for any claim or action arising out of or related to the use of the Platform or inability to use the Platform, your interaction with any other users, or any provision of this Agreement shall not exceed the amount paid by you to the Company in the six months preceding the date when the claim first arose or fifty dollars, whichever is greater.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal fees arising out of or in any way connected with:
The Company reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.
This Agreement shall be construed in accordance with the law of the State of California without any regard to the conflict of laws. You and the Company hereby agree to submit to the exclusive jurisdiction of the State courts located in San Jose, California, to resolve any claims and disputes arising out of this Agreement.
YOU HEREBY RELEASE THE COMPANY AND ITS OFFICERS FROM ALL UNKNOWN RISKS ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE PLATFORM. IF YOU ARE A RESIDENT IN THE STATE OF CALIFORNIA, U.S.A., YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER SIMILAR LAW APPLICABLE TO YOU, WHICH 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 OR RELEASED PARTY. ”
If any provision of this Agreement is found to be unlawful, void, or for any reason determined to be unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary, and such elimination will not affect the validity and enforceability of any remaining provisions.
If you have any questions about this Agreement, please send us a message at support@mycardpost.com. Alternatively, you can write to us at the address provided below:
My Card Post, LLC
500 East Hamilton Ave. #3001
Campbell, CA 95008
The Company shall not be liable for the failure to perform any of its obligations if such failure is a result of any Acts of God or other force majeure events such as war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), epidemic, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
