USER AGREEMENT: WEBSITE TERMS AND CONDITIONS OF USE
USER AGREEMENT: WEBSITE TERMS AND CONDITIONS OF USE© 2014 UDC, 2251 Rutherford Road, Carlsbad, CA 92008. All rights reserved.
This website, upperdeckstore.com (the "Site"), is operated by The Upper Deck Company, a Nevada corporation (“UDC”).
BY ACCESSING OR USING THE SITE, YOU HEREBY ACCEPT AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS USER AGREEMENT. THIS USER AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU AND UDC, AND GOVERNS YOUR ACCESS AND USE OF THE SITE, WHICH INCLUDES ANY INFORMATION, DATA, TOOLS, PRODUCTS, SERVICES AND OTHER CONTENT (TOGETHER, "CONTENT") AVAILABLE ON OR THROUGH THE SITE.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT USE THE SITE.
You may contact UDC by e-mail at firstname.lastname@example.org with questions about these Website Terms and Conditions of this User Agreement.Use License
Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title or ownership, and under this license you or any agents on your behalf may not:
- modify, alter, reproduce, or copy the materials;
- use or reproduce the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Site;
- remove, alter, erase, or modify any copyright or other proprietary notations from the materials; or
- transfer, license, or permit the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate at any time and without notice if, in UDC’s sole discretion, you violate, or are suspected of violating any of these restrictions. Upon such termination, you must destroy any downloaded materials in your possession whether in electronic or printed format, and provide UDC with confirmation of such destruction within forty eight (48) hours of the termination date.Technological Problems and Site Errors
The materials appearing on the Site could include technical, typographical, or photographic errors. UDC does not represent or warrant that any of the materials on the Site are accurate, complete, or current. UDC, in its sole discretion, may make changes to the materials contained on the Site at any time without notice. UDC is not obligated to update, modify, or verify the accuracy of the materials, and you hereby agree that you are not relying on the accuracy, completion, or current condition of the materials.
UDC is not liable for any Site technological problems and any impact that they may have. All or any portion of the Site may not be available and may not function properly at any time. UDC makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause problems such as viruses and other damaging computer programming routines or engines. UDC takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. UDC is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.Links and Third-Party Websites
UDC has not reviewed all of the sites linked to the Site and is not responsible for the contents and has no control over any such linked site. Hyperlinks to or from the Site do not constitute third party endorsement, sponsorship or affiliation of, with or by UDC. UDC is not responsible or liable for any aspect of any products, services or content appearing on or available through any third party web site.
A. Personally Identifiable Information (“PII”) Definition
B. UDC May Collect and Use Anonymous Data For Any Lawful Business Purpose
UDC does not collect PII from site visitors who do not have a registered account, do not make a purchase, or otherwise affirmatively provide UDC with their PII. UDC may implement use of various technologies, such as cookies, to anonymously store information about your Site usage. By using the Site, visitors consent to download and activation of UDC’s cookie. UDC reserves the right to use non-PII collected anonymously from site visitors for any lawful business purpose.
UDC’s cookies may be disabled by site visitors in their browser settings and with common protection software. Disabling UDC’s cookies may diminish the functionality of UDC’s website by taking longer to load or having to fill in information fields that would have been automatically filled in by the cookie. For instructions on how to disable cookies, please consult your browser’s user manual or help center.
C. Collection and Safeguarding of PII
UDC may collect PII by lawful and fair means and, where appropriate, with the knowledge or consent of site visitors who have a registered account, who make a purchase, or who otherwise affirmatively provide UDC their PII. UDC’s collection of PII is aimed at providing optimal service to its customers. Before, or at the time of collecting PII, UDC will identify the purposes for which PII is being collected. UDC will collect and use a PII solely with the objective of fulfilling those purposes specified by UDC and for other similar and compatible purposes. UDC will only retain such PII as long as necessary for the fulfillment of those purposes.
UDC is committed to conducting business in a way that ensures the confidentiality of PII it collects. UDC will protect PII by reasonable security safeguards against loss or theft, unauthorized access, disclosure, copying, use or modification. UDC will not disseminate PII to third parties without the consent of the owner of the PII. Please contact UDC to request further clarification about UDC’s policies and practices relating to PII management and safeguarding .
V. Promotional Codes
The Upper Deck Store promotion codes are redeemed during the ordering process at checkout. Discounts are offered and redeemable only for products available at the time of the order and must be applied at the same time your order is placed. Discounts are not valid for certain products including, without limitation, some limited-edition items, memorabilia, trading cards and games. Discounts do not apply to previous orders and may not be used in conjunction with other discounts, coupons, offers or previously discounted items. To redeem a promotional code, you must be a legal resident of the U.S. or Canada and 18 years or older. Use of promotion codes are void where prohibited or restricted by law.
VI. Shipping Methods and Costs
A. Shipping to the United States and Canada
The Upper Deck Store ships to the U.S. and Canada. All orders may require up to five (5) days to process. Some orders may require additional processing time. “Preorder” items will ship within seven days of becoming available. UDC is not responsible for any delays due to processing or shipment.
If an order is being shipped to a location within the United States, Ground, Two-Day, Three-Day, and Overnight shipping is available. For orders shipped to Canada, Ground, Two-Day, and Overnight shipping is available. UDC reserves the right to select the shipping carrier. Customers may select their shipping method at checkout. Shipping charges will be added at check-out.
If a customer pays using a credit or debit card, UDC will only ship to the billing address associated with the card or any other address that is on file with the credit or debit card company.
B. International Orders
International orders may be placed by calling UDC’s Customer Service Team at 1.800.873.7332. For international shipments, the customer may be responsible for applicable taxes and duties. These will be collected, by the carrier, from you upon delivery. Please note international orders may have a longer processing time.
C. Shipping Disruptions
UDC will ship orders Monday through Friday, excluding federal holidays or other days UDC is not open for business. Some rural addresses are excluded from delivery by UDC’s shipping carriers. Shipping may also be disrupted due to unpreventable weather, mechanical or operational failures, terrorism, or other delays out of UDC’s control. UDC is not liable for any shipping disruption or delay. UDC will, but is not obligated to, attempt to notify customers if there is any shipping disruption.
VII. Returns and Exchanges
UDC wants you to be absolutely satisfied with your purchase. In the event you are not fully satisfied, you may return your purchase using the return authorization form and following the instructions enclosed with your purchase.
To expedite the return of any item, please contact UDC’s Customer Service Team at 1.800.873.7332 within forty eight (48) hours of receipt of your shipment. The Customer Service Team will assist you with the return process and requirements, including issuing a Return Authorization Number.
All returns are subject to the following terms, which may be modified by UDC at any time without notice. UDC reserves the right to refuse any return that does not comply with the following:
- No returns will be accepted without a Return Authorization number.
- All items must be returned in the original packaging, with all included accessories.
- Unless the box was damaged, please use the original shipping box to securely re-seal your shipment for return.
- Returns must be shipped within fifteen (15) days of receipt.
- Returns must also include original proof of purchase (copy of the internet order and credit card receipt).
- Customers are responsible for lost or stolen return shipments, accordingly it is the customer's responsibility to insure and/or obtain tracking information from the carrier when returning an item.
- A fifteen percent (15%) restocking fee will apply to all returns, unless the return is due to product defects.
- If you have received merchandise that has been damaged during shipment or is defective, please call UDC’s Customer Service Team at 1.800.873.7332 within forty eight (48) hours of receipt of your shipment. UDC’s Customer Service Team will assist you with the return process and requirements, including issuing a "call tag" in order to have your package picked up and returned to us.
- No returns will be accepted without a "call tag" authorization.
- If UDC determines, in its sole discretion, that your purchase was damaged during shipment or is defective, we will issue a full refund of the purchase price and shipping charges.
- All refunds for returns will be credited to the original credit card used to make the purchase.
VIII. E-Gift Card Terms and Conditions
UDC allows the purchase of e-gift cards through the Upper Deck Store. E-gift cards consist of a code that can be entered at checkout to make purchase from the Upper Deck Store. No physical card or gift certificate may be issued to the purchaser of an E-gift card. The following terms and conditions apply to all E-gift card purchases and redemption of E-gift cards.
A. Purchase of E-gift Cards
E-gift cards are available in various amounts and can be purchased as a gift or for personal use. UDC is unable to accept E-gift card purchases from customers outside the United States. E-gift cards cannot be returned or cancelled after purchase. You cannot apply any coupon or discounts toward the purchase of an E-gift card. To purchase an E-gift card, you must be 18 years of age or older. There are no fees applied to E-gift cards for maintenance or other costs. E-gift cards do not expire.
B. Redemption of E-gift Cards
E-gift cards may only be redeemed toward the purchase of eligible goods and services, which may exclude certain UDC product lines and memorabilia. E-gift cards may be used to purchase eligible goods and services sold by third parties on the Site. If you have question whether a particular product or service is eligible for purchase using an E-gift card, please contact our Customer Services Team at 1.800.873.7332 prior to your purchase of an E-gift card.
Purchases made using E-gift cards will be deducted from the card’s balance. If the total of a purchase exceeds the balance of the E-gift card, the remaining amount must be paid using another form of payment. You can check an E-gift card balance by contacting our Customer Services Team at 1.800.873.7332.
C. Return of Goods or Services Purchased Using E-gift Cards
Goods or services purchased in whole or in part using an E-gift card may be returned in accordance with UDC’s returns and exchanges policies. (See Section VII.) If the purchase was made entirely using an E-gift card, UDC will credit a return by issuing a new E-gift card for the purchase price, less any applicable restocking fee. If the purchase was made in part using an E-gift card and in part using a credit or debit card, UDC will refund the amount charged to the original credit or debit card and will return the amount debited from the original E-gift card by issuing a new E-gift card for that amount, less any applicable restocking fee.
D. E-Gift Card Limitations and Additional Terms
- E-gift cards cannot be used to purchase other E-gift cards.
- Discounts and promotions do not apply to the purchase E-gift cards, unless otherwise stated in the terms of the promotion/discount.
- E-gift cards cannot be reloaded, resold, transferred for value or redeemed for cash except to the extent required by law.
- Once an E-gift card has been purchased and transmitted to its recipient, the risk of losing the card passes entirely and solely to the purchaser or recipient. UDC is not responsible for E-gift cards that are lost, stolen, destroyed, or used without the purchaser’s permission.
- If you redeem a fraudulently obtained E-gift card, UDC reserves the right and sole discretion, to close your account, bill you for alternative payment, and/or report you to law enforcement.
UDC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO E-GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT AN E-GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND UDC’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH E-GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
UDC’S LIABILITY WITH RESPECT TO ISSUANCE AND REDEMPTION OF E-GIFT CARDS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL UDC OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF ANY E-GIFT CARD. UDC’S LIABILITY IS LIMITED EVEN IF UDC HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. SUCH DAMAGES SHALL NOT EXCEED THE VALUE OF THE E-GIFT CARD.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY NEGLIGENCE, TORTIOUS INTERFERENCE, BREACH OF CONTRACT, UNFAIR COMPETITION, VIOLATION OF ANY CONSUMER STATUTE, OR ANY OTHER LEGAL CLAIM.
F. Dispute Resolution
1. Applicable Law and Forum
By purchasing, receiving, or redeeming an E-gift card, you agree that the laws of the State of California, County of San Diego, without regard to principles of conflict of laws, will govern the terms and condition of any E-gift card.
2. Arbitration of Disputes
Except as prohibited by law, if any claim or controversy arises out of your E-gift card, your sole recourse shall be submitted to binding arbitration upon the written request of either you or UDC. Service of a request to arbitrate must be delivered to the non-requesting party. The parties shall appoint one person to hear and determine the dispute. If the parties cannot agree, then the Superior Court, County of San Diego shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. Both you and UDC shall have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The arbitrator’s decision shall be final, binding, and non-appealable.
Neither you nor UDC shall sue one another, except as provided in the Class Action Waiver below or for the enforcement of this clause or of the arbitrator’s award. Any action to enforce this clause or the arbitrator’s award must be filed in the Superior Court, County of San Diego. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or formation of this arbitration agreement. The parties shall bear their own legal fees and costs for all claims and arbitration proceedings.
BY PURCHASING AN E-GIFT CARD, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THE ABOVE, AND THAT FOR VALID CONSIDERATION, YOU VOLUNTARILY AGREE TO BINDING ARBITRATION. YOU ARE VOLUNTARILY GIVING UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL BY JUDGE OR JURY, AS WELL AS RIGHTS TO APPEAL. BECAUSE YOU ARE GIVING UP A RIGHT, YOU ARE ENCOURAGED TO HAVE AN INDEPENDENT LAWYER OF YOUR CHOICE REVIEW THIS ARBITRATION PROVISION BEFORE AGREEING TO IT.
3. Class Action Waiver
Except as prohibited by law, if any claim or controversy arises out of your purchase, receipt or redemption of an E-gift card, adjudication of that claim or controversy must be made in your individual capacity, not as a plaintiff or class member of any purported class, collective, representative, multiple plaintiff, or similar proceeding (Class Action). By purchasing, receiving, or redeeming an E-gift card, you expressly waive any ability to maintain any Class Action in any forum.
The arbitrator shall not have any authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction, and not by the arbitrator.
YOU UNDERSTAND BY PURCHASING, RECEIVING, OR REDEEMING AN E-GIFT CARD, THAT YOU WOULD HAVE HAD THE RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, BUT ARE UNCONDITIONALLY WAIVING THOSE RIGHTS AND CHOOSING TO HAVE YOUR CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
IX. SITE LIMITATION OF LIABILTY AND DISCLAIMER OF WARRANTIES
UDC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT THAT THE LAW ALLOWS IT TO DISCLAIM. THE SITE, INCLUDING ALL CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT INCLUDING WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR THE CONTENT.
UDC’S LIABILITY WITH RESPECT TO THE SITE AND THE CONTENT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL UDCS OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE. UDC’S LIABILITY IS LIMITED EVEN IF UDC HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF UDC, TO ANY USER OF THE SITE WITH RESPECT TO THE SITE AND THE CONTENT IS $1.00.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
X. Additional Terms
At any time and without notice, UDC may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our goods and services. We recommend that you review the terms regularly. UDC may, but is not required, to post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Site, you should discontinue your use of the Site.
These terms control the relationship between UDC and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and UDC does not take action right away, this doesn’t mean that UDC is giving up any rights that it may have (such as taking action in the future).
If it turns out that a particular term of this Agreement not enforceable, this will not affect any other terms.
The laws of the State of California, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to your use of the Site. All claims arising out of or relating to these terms or the Services will be litigated exclusively in or state courts of San Diego County, California, and you and UDC consent to personal jurisdiction in those courts.
The headings and titles to the Paragraphs of this Agreement are inserted for convenience only and will not be deemed a part hereof or affect the construction or interpretation of any provision hereof. Any legal proceedings resulting from a breach or failure by Upper Deck under this Agreement must be commenced within two (2) years after the event has occurred, unless a shorter period applies under applicable law.