Terms & Conditions

TERMS OF USE

Last Update: June 24, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND OUR SERVICES.

Disclaimer: Trading Card Gallery is an independent reseller and is not affiliated with, endorsed by, or sponsored by Wizards of the Coast, Disney, MetaTwo, Shueisha, The Pokémon Company International, Nintendo, Game Freak, or Creatures Inc. All names, images, logos, and intellectual property are © and ™ by their respective owners and are used strictly for the purpose of identifying and describing genuine, pre-owned products. All other trademarks, logos, and brand names are the property of their respective holders. Use of these names and images does not imply any affiliation with or endorsement by them. 

These Terms of Use ( “Terms”) apply to your access to and use of www.tradingcardgallery.com (together with all subdomains, the “Site”),  automated retail vending machines, and other related products and services (such products and services together with the Site, collectively, the “Services”) provided by  Trading Card Gallery, LLC. 

Please read and review these Terms carefully before accessing or using the Services. By clicking “I Agree” when the option is made available to you or by accessing or using the Services, you acknowledge and agree that you have read, understood and agreed to be bound and abide by these Terms, including the mandatory arbitration provision and class action waiver set forth in the Section titled “Dispute Resolution”.  If you do not agree to these Terms, do not access or use the Services.

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

Trading Card Gallery may add to, change, or remove any part of these Terms at any time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms.  Unless we say otherwise in our notice, any changes to these Terms or any other terms posted on this Site apply as soon as they are posted. Continuing to use the Services after any changes are posted means that you accept and agree to those changes. You are expected to check this Site frequently so you are aware of any changes, as they are binding on you. 

If you have any questions about these Terms or our Services, please contact us at info@tradingacardgallery.com

PRIVACY

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

ELIGIBILITY

The Services are not intended for use by children. You must be at least 18 years of age (or the age of legal majority where you live) to use our Services and reside in the United States or Canada. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

Registration; Suspension of Account

If you elect to register to use the Services, to purchase any goods from the Site or through the Services, or to participate in any sweepstakes or contest, you will: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form used in our Services (the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it accurate. You are responsible for keeping your account information and password confidential, and you are responsible for all activity that occurs under and the security of your account. You will promptly notify us of any unauthorized use or if you suspect there has been any unauthorized use of your username, password, or other account information.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, Trading Card Gallery has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) if you provide any information that is untrue, inaccurate, or incomplete, or if Trading Card Gallery suspects in its sole discretion that it has grounds to believe that such is the case.  We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

CONTENT

INTELLECTUAL PROPERTY; RESTRICTIONS ON USE

The Services and their entire contents, features and functionality (including but not limited to all articles, artwork, screen shots, graphics, logos, digital downloads, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, “Content”) are owned by Trading Card Gallery or its affiliates and licensors, unless otherwise noted and are protected by United States, Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All trademarks, service marks, and trade names are proprietary to Trading Card Gallery or its affiliates and licensors, unless otherwise expressly noted. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products.  Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors.

All third-party trademarks, product names, logos, and images referenced or featured on our website or materials are the property of their respective owners. Use of these third-party marks is for informational or referential purposes only and does not imply any affiliation, sponsorship, or endorsement by those trademark holders.

These Terms permit you to use the Services for your personal, non-commercial use only.  No Content from the Services or any other Internet site owned, operated, licensed, or controlled by Trading Card Gallery may be copied, reproduced, republished, uploaded, posted, transmitted, adapted, adopted or distributed in any way without our prior written consent. No Content may be used on any other website, in any publications, in public performances, in connection with any product or service that is not Trading Card Gallery's, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Trading Card Gallery, or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes Trading Card Gallery's intellectual property rights. Trading Card Gallery does not grant permission to individuals to use any Content from the Services.

Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. You acknowledge and accept that you have no property or other rights in any Content on the Services.  Any use of the Services not expressly permitted by these Terms is strictly prohibited, a breach of these Terms, may violate copyright, trademark and other laws, may give rise to civil and/or criminal prosecution and penalties, and will terminate the limited use rights granted herein.

REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you are a consumer in the United States and believe that anything on our Services infringes any copyright that you own or control, you may notify Trading Card Gallery by e-mail at the following address:

E-mail address: info@tradingcardgallery.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Trading Card Gallery for certain costs and damages.

LINKING

Trading Card Gallery does not allow or condone links to its website, pages, materials, or information without prior inspection, evaluation, and written consent by Trading Card Gallery. Neither Trading Card Gallery nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (a) is responsible for maintaining any materials referenced from another site, and (b) makes any warranties for that site or the Services in such context. Trading Card Gallery is not responsible for content on a site operated by a third party, including content on a site operated by a distributor who links to this Site with Trading Card Gallery's consent.

USER'S OBLIGATIONS

In connection with the use of the Services you will comply with all applicable laws and legal obligations, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement.

SUBMISSIONS

From time to time, you may be able to create, post, or share content on the Site or in connection with the Services, including but not limited to reviews, photos, or feedback (as described above), submissions by e-mail, comments, questionnaire responses, or contacting us (“User Submissions”).

We may request reviews or feedback from you in relation to your order. If you submit a review, photo, or feedback to us, you give us permission to publish your review, photo, or feedback on our Site and elsewhere (including but not limited to on other websites, apps, social media accounts, virtual and augmented reality platforms, metaverse environments, television, print, radio, cinema and outdoor) so that it is visible to others.   

You promise that you own or control all of the rights in and to your User Submissions and have the right to grant the license set out below to us. You retain all rights in and to the content that belongs to you in your User Submissions.

By submitting your User Submissions, you grant Trading Card Gallery a: non-exclusive (which means you can give other people the right to use), perpetual (which means the license does not expire), royalty-free (which means free of charge), sub-licensable (which means we can share our license with others), worldwide license to use your User Submission without compensation, payment or acknowledgement to you. Pursuant to applicable law this will allow us to use, share, publish, distribute, reproduce, edit, adapt, publish, translate and display the User Submissions for any purpose in relation to the Site anywhere (including but not limited to websites, apps, virtual or augmented reality, metaverse environments, television, print, outdoor advertising space, radio, cinema and any other form of media whether existing now or in the future).

Although Trading Card Gallery may from time to time monitor or review User Submissions, Trading Card Gallery is under no obligation to do so and assumes no liability or responsibility for or arising from the contents of any such User Submissions. To the extent permitted by applicable law, Trading Card gallery may change, edit, or remove any User Submissions for any reason in our sole discretion.

Although Trading Card Gallery may from time to time monitor or review bulletin boards, chatrooms, discussions, product reviews, postings, transmissions, and the like on the Site, Trading Card Gallery is under no obligation to do so and assumes no liability or responsibility for or arising from the contents of any such User Submissions. Trading Card Gallery may change, edit, or remove any User Submissions for any reason in our sole discretion. You must not submit any content in User Submissions that may be illegal, or that we consider to be or may be harmful, abusive, indecent, obscene, offensive, defamatory, discriminatory, threatening, harassing, intimidating, predatory, invasive of privacy, promotes or encourages illegal, socially unacceptable or irresponsible behavior, or infringes the rights of any third party. Trading Card Gallery will fully cooperate with any law enforcement authorities, third parties claiming infringement or court orders requesting or directing Trading Card Gallery to disclose the identity of anyone posting such materials.

YOU WAIVE AND HOLD HARMLESS TRADING CARD GALLERY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

RULES FOR USING OUR SERVICES

The Services may have an area which allows you to "chat" or upload and download materials. When using any of these areas or otherwise when using our Services, you will not post, send, transmit, upload, or otherwise publish through the Services, any materials that (a) interfere with anyone else's use of the Services or damage, disable, overburden or impair the functioning of the Services in any manner; (b) are abusive, illegal, indecent, obscene, offensive, defamatory, libelous, pornographic, profane, threatening, harassing, intimidating, predatory, or stalking in any way; (c) encourage anyone to break the law; (d) violate anyone's copyright or other proprietary or personal right; (e) interfere with the privacy of any other user; (f) contain a virus or any other harmful component;  (g) contain false or misleading statements of fact or descriptions of the origin of the material or the communication; (h) harvest or otherwise collect or store any information (including personal information) about other users of the Services, including e-mail addresses, without the express consent of such users, (i) contain unsolicited promotions, political campaigning, advertising or solicitations or (j) infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  

You also will not engage in any actions that have the same effect as the prohibited actions or materials described above or otherwise (1) sell, resell or commercially use our Services, (2) copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors, (3) modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services, (4) reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services, (5) develop or use any applications that interact with our Services without our prior written consent, (6) use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Service, or (7) otherwise promote any activity that violates these Terms.  You will comply with any additional terms which are referred to on this Site.

Enforcement of the above rules is at Trading Card Gallery’s sole discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, the above rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Please note that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers (last checked on March 1, 2022).

THIRD-PARTY CONTENT

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Trading Card Gallery does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

TRANSMITTED MATERIAL

Internet transmissions are never completely private or secure. You understand that any message or information you send to the Services may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted. Sending a message to Trading Card Gallery does not cause Trading Card Gallery or any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates to have any special responsibility to you.

CONTESTS; SWEEPSTAKES

The Services may refer to contests, sweepstakes or similar events that offer prizes or that require you to send in material or information about yourself. Each contest, sweepstakes or other such event has its own rules, which you must read and agree to before you may enter.

TERMS OF SALE

All purchases through our Site or Services or other transactions for the sale of products or services formed through our Site or Services, or resulting from visits made by you, are governed by these Terms of Sale, which are an integral part of the Terms that apply generally to the use of our Site and Services.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR OTHERWISE THROUGH OUR SERVICES (AS DEFINED HEREIN), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO AN AGREEMENT WITH US, ARE A LEGAL RESIDENT OF THE UNITED STATES OR CANADA AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.  YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE WEBSITE OR THROUGH OUR SERVICES (AS DEFINED HEREIN) IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (1) AT LEAST 18 YEARS OF AGE OR (2) LEGAL AGE TO FORM A BINDING CONTRACT WITH TRADING CARD GALLERY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW.

Order Eligibility

The Site and the Services are intended for use in the United States and Canada only, and we will only accept purchase orders originating from the United States and Canada.  Nonetheless, with respect to products or services purchased from the Site, there may be limits on where we can ship products as explained in our shipping policies. To complete your purchase with respect to products or services purchased from the Site or through the Services, you must, for shipping or card-not-present transactions, have a valid billing and shipping address within the United States or Canada. We make no promise that products and services available on the Site or through our Services are appropriate or available for use in locations outside the United States or Canada (“Territory”), and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, provincial, territorial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site or through the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs, Blu-rays, downloadable content and similar products sold are for private, home use (where no admission fee is charged), and non-public performance and may not be duplicated.

Product Availability, Display, and Specifications

With respect to products and services available for purchase from the Site, details of those products and services are set out on the Site, and with respect to products and services otherwise available for purchase through the Services, details of those products and services are set out on the applicable packaging or otherwise available through the Services or on the Site. All features, content, specifications, products, and prices of products and services made available on the Site or through the Services are subject to change at any time without notice. We attempt to ensure that information made available on the Site or through the Services is complete, accurate, and current. Despite our efforts, the information made available on the Site or through the Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information made available on the Site or through the Services. For example, products indicated as available for purchase on the Site or through the Services may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site or through the Services.

We make reasonable efforts to publish information and display product images and colors on the Site and through the Services accurately, but we cannot guarantee that the color you see on your monitor will exactly match the product’s color. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown.

Purchase Restrictions and Quantity Limits

You may only purchase products from the Site or through the Services for personal use by either yourself or your intended recipient of the products. We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

Order Process; Errors

With respect to orders placed through the Site, (i) you will have the opportunity to review and confirm your order, including delivery address, payment method, and product details, (ii) we will send you a notice when we accept your order and our acceptance will be complete at the time we send the notice, (iii) we will arrange for shipment of the products to you, and (iv) you will pay all shipping and handling charges specified during the ordering process.  Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order.  We cannot cancel or make changes to any other orders after they have been placed, which includes making changes to your delivery address.  If you no longer wish to receive your order or part of your order, please follow our returns process after you receive your order.  If you wish to purchase an additional product, please place a new order.     

With respect to orders otherwise placed through automated retail vending machines, (i) you will have the opportunity to review and confirm your order and (ii) we will arrange for you to receive your order via such automated retail vending machine. You must ensure that all of your order information is correct, including your selected products and delivery address. We cannot make any changes after you place your order.

Title and risk of loss in any goods you purchase pass to you when the relevant goods are delivered.  Shipping and delivery dates with respect to orders placed through the Site are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Site or with the Services or made in connection with your order, inaccuracies in product or pricing information or product availability, we reserve the right to revoke any stated price and to correct the error, inaccuracies or omissions (including after a purchase has been made) and charge you the correct price or cancel, terminate or not process your order (including accepted orders). We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact or otherwise notify you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain product or service may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

Price

Prices shown on the Site for products and services made available on the Site and automated retail vending machines exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase of such products or services and itemized on the check-out page or order confirmation page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each product and service made available on the Site and in your shopping cart, or made available through our automated retail vending machines, is shown at the current price.  All prices for products or services made available on the Site or through the Services are subject to change at any time without notice. 

Payment

You may purchase product and services made available from the Site or through the Services using different payment options. We reserve the right to change our payment options at any time and for any reason. Payment must be received by us before our acceptance of an order.  When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (a) you are the authorized user of the credit card that is used to pay for the products and services, (b) the credit card information you supply to us is true, correct and complete, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site or through the Services at the time of your order. Orders may be cancelled if your payment method is not valid at the time of shipment or if we are otherwise unable to take payment. If we are unable to take payment on our first attempt, we may attempt to take payment again. It is your responsibility to ensure you have sufficient funds available in your account for the payment to be taken. When you place a pre-order, you are authorizing us to take a future payment using the payment method details you provided during the check-out process. We will let you know before we attempt to take payment for items which have been pre-ordered. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including legal fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Site. Credits or refunds will be made to the same method of payment and account used to place the order.

Returns

Our returns policy is in addition to any statutory rights you may have under law. We will accept any items returned in accordance with our return policy described on our returns page (“Return Policy”). We may deny any return if it fails to meet our return criteria described in our Return Policy. For additional information on our returns process and policy.

MANUFACTURER’S WARRANTY AND DISCLAIMERS

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

We do not manufacture or control all products or services offered on our Site or through our Services. The availability of products or services through our Site or Services does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to all products or services offered on our Site or through our Services. However, where we do not provide warranties with respect to a product or service offered on our Site or through our Services, the product or service offered on our Site and through our Services may be covered by a manufacturer’s warranty. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE OR THROUGH OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITIONS WHATSOEVER, EITHER EXPRESS OR IMPLIED.  TRADING CARD GALLERY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

YOU AFFIRM THAT WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

GENERAL SERVICES DISCLAIMER

THE SERVICES, ALL CONTENTS MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICES, AND YOUR USE THEREOF ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRADING CARD GALLERY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ADDITIONALLY, TRADING CARD GALLERY DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  WHILE TRADING CARD GALLERY ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES AND ANY CONTENT THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICES, AND THAT NEITHER TRADING CARD GALLERY NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TRADING CARD GALLERY'S NEGLIGENCE, WILL TRADING CARD GALLERY OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY -  WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE -  FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF TRADING CARD GALLERY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE TOTAL LIABILITY OF TRADING CARD GALLERY AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ARISING OUT OF OR RELATING TO THESE TERMS, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER OF $100.00 [USD] OR AMOUNTS PAID BY YOU.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF TRADING CARD GALLERY OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Trading Card Gallery and its subsidiaries and affiliates and each of our respective agents, directors, employees, partners, information providers, licensors, licensees, officers and/or affiliates (individually and collectively, "Indemnified Parties") from and against any and all claims, liabilities, demands, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) (“Claims”) arising out of or relating to your violation of these Terms  (including the Terms of Sale), your breach of any of your representations, warranties, and covenants in these Terms, your access to or use of the Services, including, but not limited to, your User Submissions, and any use of the Service’s Content and products other than as expressly authorized in these Terms, your use of any information obtained from the Services, or your conduct in connection with the Services. You will promptly notify the Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims.   Trading Card Gallery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Trading Card Gallery.  This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Trading Card Gallery or the other Indemnified Parties.

RELEASE

To the fullest extent permitted by applicable law, you release Trading Card Gallery and the Indemnified Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “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.”

DISPUTE RESOLUTION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Trading Card Gallery and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 

(a)    No Representative Actions. You and Trading Card Gallery agree that any dispute arising out of or related to these Terms or our Services is personal to you and Trading Card Gallery and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(b)    Arbitration of Disputes. Except for small claims disputes in which you or Trading Card Gallery seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Trading Card Gallery seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Trading Card Gallery waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Trading Card Gallery you agree to first contact Trading Card Gallery and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Trading Card Gallery by email at info@tradingcardgallery.com or by certified mail addressed to The Trading Card Gallery, ATTN: Legal Department, 509 Grant Rd, East Wenatchee WA, 98802 . The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Trading Card Gallery cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Douglas County, Washington. For purposes of this Section 15, a “consumer” means a person using the Services for personal, family or household purposes.  You and Trading Card Gallery agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website (https://www.jamsadr.com/rules-streamlined-arbitration/) and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 

(c)    You and Trading Card Gallery agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 

(d)    The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute.  The arbitrator, Trading Card Gallery, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.  

(e)    You and Trading Card Gallery agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Trading Card Gallery will pay the remaining JAMS fees and costs. For any arbitration initiated by Trading Card Gallery, Trading Card Gallery will pay all JAMS fees and costs. You and Trading Card Gallery agree that the state or federal courts of the State of Washington and the United States sitting in Douglas County, Washington  have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

(f)    Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Trading Card Gallery will not have the right to assert the claim. 

(g)    You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section titled “Dispute Resolution” by providing notice via e-mail to info@tradingcardgallery.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.

(h)    If any portion of this Section titled “Dispute Resolution” is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section titled “Dispute Resolution” or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section titled “Dispute Resolution”; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section titled “Dispute Resolution”  is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section titled “Dispute Resolution”  will be enforceable. 

MODIFYING AND TERMINATING OUR SERVICES

We reserve the right to add, change, discontinue, remove, modify, terminate or suspend all or a portion of our Services or any Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time.  We are not responsible for any loss or harm related to the foregoing, including your inability to access or use our Services.

SUPPLEMENTAL TERMS FOR GIFT CARDS

Updated: November 20, 2023

These Supplemental Terms for Gift Cards (the “Gift Card Terms”) are in addition to, and not in lieu of, your rights and obligations under the Trading Card Gallery Terms of Use (the “Standard Terms”). For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy. “Trading Card Gallery”, “we”, or “our” means and refers to Trading Card Gallery, LLC.. 

These Gift Card Terms apply to all digital Trading Card Gallery gift cards (“Gift Cards”) purchased, obtained, redeemed, or used in the United States, Canada, or the United Kingdom. By purchasing, obtaining, or redeeming a Gift Card, you agree to these Gift Card Terms and the Standard Terms. If you do not agree to these Gift Card Terms and the Standard Terms, do not purchase, accept, or use a Gift Card. To the extent there is a conflict between these Gift Card Terms and the Standard Terms, these Gift Card Terms will govern such conflict. Capitalized terms used but not otherwise defined in these Gift Card Terms have meanings set forth in the Standard Terms.

Trading Card Gallery may add to, change, or remove any part of these Gift Card Terms at any time. If we make changes to these Gift Card Terms, we will provide notice of such changes (e.g., by providing a notice on our website or updating the “Updated” date above). Your continued use of any Gift Card will confirm your acceptance of the revised Gift Card Terms.

If you have any questions about these Gift Card or these Gift Card Terms, please contact Trading Card Gallery at support@trading