Updated May 23, 2021
Revised June 8, 2021
1. Use of Our Service
Our Service in a Snapshot. Card-Boss operates an online trading card grading service that empowers our users others to evaluate the condition of their uploaded card images and download a digitally slabbed card and a detailed analysis report in PDF form. We provide ready-made media and content that is licensable for use in accordance with our various licenses. Card-Boss provides digital grading using a combination of AI and image processing algorithms. Card-Boss DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR INVESTMENT ADVICE. Card-Boss IS NOT A CARD BROKER REPRESENTING YOU OR ANOTHER USER. Card-Boss DOES NOT AUTHENTICATE CARDS AND WILL NOT BE RESPONSIBLE FOR FAKE OR TRIMMED CARDS THAT MAY BE UPLOADED AND GRADED. Card-Boss WILL GRADE ANY AND ALL IMAGES UPLOADED BASED ON ITS FEATURES AND IT IS THE USER'S RESPONSIBILITY TO ENSURE THAT ACTUAL CARDS ARE UPLOADED. Eligibility. You may use the Service only if you can form a binding contract with Card-Boss, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. In this agreement, a child is considered a person under the age of 13 years old (or the minimum legal age in the child’s country to be able to consent themselves to the processing of their personal data if this age is higher than 13 years old). Children are not permitted to use or access the Service, unless their use of the Service is directly authorized by their parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by a child who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Card-Boss. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement. License to use the Card-Boss Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Card-Boss reserves all rights not expressly granted herein in the Service and the Card-Boss Content (as defined below). Card-Boss may terminate this license at any time for any reason or no reason. Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.
2. Card-Boss Accounts
Your Card-Boss account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Card-Boss account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Card-Boss with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Card-Boss immediately of any breach of security or unauthorized use of your account. Card-Boss will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Card-Boss your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Card-Boss usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification. When you create a Card-Boss account, you have to provide us with accurate information. You are responsible for any activity that occurs on your account, so make sure you have a strong password.
3. Service Rules
Card-Boss does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
4. User Content
Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, images, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content, including any third party Intellectual Property Rights incorporated therein.
4.2 Uploading and Publishing User Content to Card-Boss.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Card-Boss reserves the right, but is not obligated, to reject and/or remove any User Content that Card-Boss believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following: Your User Content and Card-Boss’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights. Card-Boss may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder. If your User Content contains or incorporates in any manner any components including but not limited to card images, design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to Card-Boss, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Card-Boss for the purposes set forth herein. Your User Content is neither obscene, defamatory, or otherwise objectionable. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Card-Boss. If you use the Service to post, publish, share or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, encourages illegal activity, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights (e.g. uploading full movie or television shows), or otherwise breaches these terms. You will not engage in pay per click advertising using keywords which compete with Card-Boss’s own campaigns in order to promote your relationship with Card-Boss nor will you use or engage a third party on your behalf to use Card-Boss in any domain name. Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Card-Boss shall send you written notice of such claim, using the email address provided by you to Card-Boss, specifying the details of the claim as then known to Card-Boss. Pending the determination of such claim, Card-Boss may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Card-Boss. Card-Boss takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Digital Slabs that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Card-Boss shall not be liable for any damages you allege to incur as a result of User Content, Digital Slabs or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that Card-Boss may disclose such User Content to law enforcement or other government authorities.
5. User Content License Grant By publishing any images or content containing User Content using the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Card-Boss a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Card-Boss’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
6. Our Proprietary Rights Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Digital Slabs belonging to other Users (the “Card-Boss Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Card-Boss and its licensors (including other Users who post User Content or contribute Digital Slabs (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Card-Boss Content. Use of the Card-Boss Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
7. Digital Slab Licenses
The Service provides certain functionality that allows you to create digital slabs (“Card-Boss Slabs”). Card-Boss Slabs can be downloaded/exported from the Service in a range of formats, including without limitation PDF, JPEG, or HTML (“Export,” “Exports,” “Exported, “Exporting”). You may create Card-Boss slabs using only your own User Content.
7.2 License Types.
In order to Export any content from the Service, you must license the content under one of the licenses provided below. By Exporting any content from the Service, you hereby agree to be bound by any applicable terms and pay all applicable fees. . You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the content pursuant to any license provided by Card-Boss.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Card-Boss under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Card-Boss does not waive any rights to use similar or related ideas previously known to Card-Boss, or developed by its employees, or obtained from sources other than you.
9. Paid Services
9.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Card-Boss may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
9.2 No Refunds.
You may cancel your Card-Boss account at any time; however, there are no refunds for cancellation. In the event that Card-Boss suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
9.3 Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
9.4 Free Trials
Card-Boss offers free trials for certain paid subscription types to allow you to try our service. Card-Boss reserves the right to set eligibility requirements for free trials. At the end of your free trial period, we will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior.
10. Card-Boss Property
Certain aspects of the service may allow you to obtain certain reputational or status indicators (“Card-Boss Property”). You understand and agree that regardless of terminology used, Card-Boss Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Card-Boss’s sole discretion. Card-Boss Property is not redeemable for any sum of money or monetary value from Card-Boss at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Card-Boss on Card-Boss servers, including without limitation any data representing or embodying any or all of your Card-Boss Property. You agree that Card-Boss has the absolute right to manage, regulate, control, modify and/or eliminate Card-Boss Property as it sees fit in its sole discretion, in any general or specific case, and that Card-Boss will have no liability to you based on its exercise of such right. All data on Card-Boss’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Card-Boss’s servers, may be deleted, altered, moved or transferred at any time for any reason in Card-Boss’s sole discretion, with or without notice and with no liability of any kind. Card-Boss does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Card-Boss’s servers.
Card-Boss cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. DMCA Notice
Since we respect content owner rights, it is Card-Boss’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Card-Boss’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim has been infringed; Identification of the material that is claimed to be infringing and where it is located on the Service; Information reasonably sufficient to permit Card-Boss to contact you, such as your address, telephone number, and, e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice Card-Boss, LLC
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying Card-Boss and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Card-Boss’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, Card-Boss has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Card-Boss may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you think your copyright is being infringed, follow these steps, and we’ll do something about it.
You agree to defend, indemnify and hold harmless Card-Boss and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Digital Slabs, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. If Card-Boss suffers damages or claims relating to your content, account, or use of the Service or your violation of these terms, any laws, or any other individual’s rights, you are responsible for all costs.
16. No Warranty
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Card-Boss, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Digital Slabs, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service. Card-Boss does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Card-Boss service or any hyperlinked website or service, and Card-Boss will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. You use Card-Boss as-is and at your own risk. We don’t provide any guarantees with respect to the Service.
17. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Card-Boss, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Digital Slabs. Under no circumstances will Card-Boss be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein. To the maximum extent permitted by applicable law, Card-Boss assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (vii) user content or the defamatory, offensive, or illegal conduct of any third party; and/or(viii) financial loss from purchasing a Card-Boss subscription from an unauthorised reseller; and/or (ix) loss or deletion of User Content. In no event shall Card-Boss, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Card-Boss hereunder or $20.00, whichever is greater. No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose. Notwithstanding anything to the contrary contained herein, Card-Boss shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Digital Slabs, or other content, any additions or combinations of User Content or Digital Slabs with other content, or the context in which the User Content, Digital Slabs, or other content is used by you. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Card-Boss has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law. The Service is controlled and operated from its facilities in the United States. Card-Boss makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States. We disclaim all liability in connection with your use of the Service. To the extent we are found liable for anything, the maximum we are obligated to pay is the greater of $20.00 or however much you paid to us.
18. Governing Law
You agree that: (i) the Service shall be deemed solely based in Ohio; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Card-Boss, either specific or general, in jurisdictions other than Ohio. This Agreement shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Columbus, Ohio for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. If you are a consumer, this agreement does not exclude any rights you may have under the national consumer laws of your jurisdiction.
For any dispute with Card-Boss, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Card-Boss has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Card-Boss claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Columbus, Ohio, unless you and Card-Boss agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Card-Boss are each waiving the right to a trial by jury or to participate in a class action.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Card-Boss without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
20.2 Notification Procedures and Changes to the Agreement.
20.3 Entire Agreement/Severability.
This Agreement you may enter into with Card-Boss in connection with the Service, shall constitute the entire agreement between you and Card-Boss concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
20.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Card-Boss’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at email@example.com with any questions regarding this Agreement.