DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
Collectibles, including trading cards, figurines, and game cards involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of The Collectible Shark. You, and not The Collectible Shark, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Consult Your investment or financial advisor prior to purchasing/selling and fully assess whether You possess adequate savings and income prior to considering such an investment. You represent and warrant to The Collectible Shark that You have sufficient experience and knowledge to make informed financial decisions and that The Collectible Shark is not making any recommendation with respect to such purchases and/or such sales. YOU ARE URGED TO CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
DISCLAIMER OF FORWARD LOOKING STATEMENTS
THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT The Collectible Shark’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF THE COLLECTIBLE SHARK'S CONTROL. DISCLAIMER OF IMPLIED WARRANTIES. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, The Collectible Shark HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. LIMITATION OF LIABILITIES. THE COLLECTIBLE SHARK SPECIFICALLY DISCLAIMS ANY
LIABILITY OR RESPONSIBILITY FOR ORDER PLACED VIA THE COLLECTIBLE SHARK ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE COLLECTIBLE SHARK ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. THE COLLECTIBLE SHARK SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, THE COLLECTIBLE SHARK SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND THE COLLECTIBLE SHARK’S REASONABLE CONTROL. THE COLLECTIBLE SHARK SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE COLLECTIBLE SHARK'S ONLINE ORDER ENTRY SYSTEM. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE COLLECTIBLE SHARK'S BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE COLLECTIBLE SHARK BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THE COLLECTIBLE SHARK MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. THE COLLECTIBLE SHARK’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF THE COLLECTIBLE SHARK'S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY THE COLLECTIBLE SHARK WITH RESPECT TO SUCH USE.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. The Collectible Shark therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note
that if the Website offers products or services for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability.
CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATIONS
If You have any questions about these Terms of Use, the Services or the Website, please send us an email to info@thecollectibleshark.com Although The Collectible Shark will in most circumstances be able to receive Your email or other information provided through the Website (including, without limitation, service requests and other submissions), The Collectible Shark does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS The Collectible Shark AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
1. YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
2. ANY BREACH BY YOU OF THESE TERMS OF USE;
3. ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITE; AND
4. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT.
RELEASE FOR FORCE MAJEURE
You absolve and release The Collectible Shark and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which The Collectible Shark or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, pandemics, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
This Terms of Use will take effect at the time You click “I Agree” or access, browse or use the Website or any of the Content, and continues in perpetuity unless terminated by You and/or The Collectible Shark. The Collectible Shark reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to the Website, the Services and any of the Content; (ii) to change, remove or discontinue the Website, the Services and any of the Content or services available on or through the Website; or (iii) to terminate these Terms of Use. You may terminate these Terms of Use at any time by ceasing all use of the Website, the Services and the Content. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of these Terms of Use are intended to survive and will survive the termination or expiration of these Terms of Use for any reason.
NOTICES
Any notice or other document or communication required or permitted hereunder to The Collectible Shark will be deemed to have been duly given only if in writing and delivered by email sent to info@thecollectibleshark.com Notices to The Collectible Shark shall be deemed delivered when actually received by The Collectible Shark. Any notice or other document or communication from The Collectible Shark required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Website. Such notice will be deemed received by You the business day after the e-mail is sent. Should You elect to send or receive e-mail communications of any kind to or from The Collectible Shark, You represent and warrant to The Collectible Shark that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound email transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, The Collectible Shark controls and operates the Website from the United States of America and makes no representation that the Content and Services are appropriate or available for use in other locations. You are responsible for compliance with
applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list. Access, browsing and use of the Website, the Content, the Services and these Terms of Use, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New York without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Website. SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK, COUNTY OF NEW YORK, USA. YOU AND The Collectible Shark AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
ARBITRATION
Any controversy or dispute between You and The Collectible Shark (the “parties”) concerning the Website, the Services, the Content, these Terms of Use and/or all matters or issues collateral thereto shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New York County, New York. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
WAIVER
No delay or omission by The Collectible Shark to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of these Terms of Use will impair any such right or power or be construed to be a waiver thereof. Any waiver by The Collectible Shark of any of the covenants, conditions or Agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement herein contained.
SEVERABILITY
If any portion of these Terms of Use is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
INDEPENDENT CONTRACTOR
The Collectible Shark is an independent contractor; nothing in these Terms of Use shall be construed to create a partnership, joint venture, or agency relationship between You and The Collectible Shark.
CONTINUED USE DEEMED ACCEPTANCE
The Collectible Shark reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms of Use from time to time. After You are notified of any such modification, The Collectible Shark will deem Your continued use of the Website, the Services or any of the Content to constitute Your acceptance of and agreement to such modification.
ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between You and The Collectible Shark with respect to Your use of the Website, the Services and the Content, and supersede any and all prior understandings or Agreements between You and The Collectible Shark, whether written or oral. You acknowledge that, in providing You access to and use of the Website, the Services and the Content, The Collectible Shark has relied on Your acceptance of these Terms of Use.